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!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Principal Clerks of Session v Clerks of the Bills. [1803] Mor 12242 (20 January 1803)
URL: http://www.bailii.org/scot/cases/ScotCS/1803/Mor2912242-386.html Cite as:
[1803] Mor 12242
Principal Clerks of Session v. Clerks of the Bills
Date: 20 January 1803 Case No. No 386.
Interlocutors upon reports from the Bill Chamber are to be written by the Clerk of the Bills, and signed, not by the Lord President, but by the Lord Ordinary.
Click here to view a pdf copy of this documet : PDF Copy
In the case of Jean Farquharson against Anderson of Candacraig, a question arose, Whether the interlocutor should be signed by the Lord President, or by the Lord Ordinary on the Bills? There was no formal interlocutor pronounced. But the Court, upon considering a memorandum, answers, and observes, for the Principal Clerks of Session and Clerks of the Bills, were of opinion, that, when the Lord Ordinary on the Bills reported a case from the Bill Chamber, upon memorials or informations; the cause still remained before his Lordship, and, of course, the interlocutor upon such a report should be written by the Clerk of the Bills, and signed by the Lord Ordinary, after advising with the Lords; or, in other words, that a cause could not be brought into the Innerhouse from the Bill Chamber by avisandum, but only by a petition reclaiming against an interlocutor of the Lord Ordinary upon the Bills.
