BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Scottish Court of Session Decisions |
||
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Principal Clerks of Session v Extractors. [1741] Mor 13125 (00 July 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3113125-034.html Cite as: [1741] Mor 13125 |
[New search] [Printable PDF version] [Help]
[1741] Mor 13125
Subject_1 PUBLIC OFFICER.
Principal Clerks of Session
v.
Extractors
1741 .July .
Case No.No 34.
Extractors are servants to the Clerks of Session, removeable at pleasure.
Click here to view a pdf copy of this documet : PDF Copy
The Clerks of Session, in February 1739, having made a table of regulations to be observed by the Extractors, and the Extractors having refused to comply with these regulations, six of them were dismissed by the Clerks, because of their obstinacy. This produced a remonstrance from the Extractors to the Court, complaining of the regulations as hard upon them, and insisting that they were possessed of a standing office in the Court, that it was their freehold, of which they could not be divested except upon malversation, tried in a court of law. The Court first found, “That the Clerks of Session cannot arbitrarily remove their servants, the Extractors, without cause.” But the Clerks, in a reclaiming petition, having set furth, that the extracting of acts and decreets is a part of their office; that it is their subscription which gives faith and authority to an extract, and that the Extractor is really and truly their amanuensis; that the Extractors are not even members of the College of Justice; and that, as the Clerks are liable for all the writings produced in Court, of which the Extractor must have the custody, when employed in extracting acts and decreets, it would be extremely hard upon the Clerks, if they could not turn out their servants upon suspicion, when, in most cases, it is impracticable to bring a regular proof of malversing.
“The Court altered, and found the Extractors to be servants removeable at pleasure.”
The electronic version of the text was provided by the Scottish Council of Law Reporting