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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Duke of Gordon and Carmichael of Balmedy, v The King's Advocate. [1748] Mor 7703 (23 January 1748) URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor1807703-401.html |
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Subject_1 JURISDICTION.
Subject_2 DIVISION XX. Act abolishing Heritable Jurisdictions.
Date: The Duke of Gordon and Carmichael of Balmedy,
v.
The King's Advocate
23 January 1748
Case No.No 401.
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Upon the claim of David Carmichael of Balmedy, heritable Bailie of the regality of Abernethy, by grant from the family of Douglas; and, on the claim of the Duke of Gordon, Bailie of regality of Spynie, by grant from the bishop of Murray; the Lords found, That a Lord of regality might lawfully make an heritable Bailie, and also that a bishop might make an heritable Bailie, subsequent to the act of annexation, by which bailiaries of church regalities prior to it were made valid. Whereas it was pleaded, churchmen who were liferenters could not make heritable Bailies.
The electronic version of the text was provided by the Scottish Council of Law Reporting