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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Colin Macculloch, Petitioner [1874] ScotLR 11_286 (31 January 1874) URL: http://www.bailii.org/scot/cases/ScotCS/1874/11SLR0286.html Cite as: [1874] SLR 11_286, [1874] ScotLR 11_286 |
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Page: 286↓
Held that a law agent, enrolled in terms of the Act 36 and 37 Vict. c. 63, is only bound to pay the stamp-duty of £20 on enrolment as notary public.
Mr Macculloch, solicitor in Greenock, enrolled law agent in terms of the Act 36 and 37 Vict., cap. 63, presented the following petition to the First Division.
“That of this date (Jan 7, 1874), your Lordships admitted the petitioner to the office of a notary-public, and remitted to the Clerk to the Admission of Notaries, to mark his protocol, and take his declaration de fideli administratione, and granted warrant to the said clerk to enrol him as a notary-public.
That the petitioner having applied to the said Clerk to the Admission of Notaries to enrol him as a notary-public, the said Clerk refuses to do so except on payment of the sum of £11, claimed by the Queen's and Lord Treasurer's Remembrancer as fees due to Exchequer on the admission of every notary, stating as his ground for such refusal that the said Remembrancer has intimated to him that he is bound to collect and account to Exchequer for said fees. That the petitioner submits he is entitled, in virtue of sect. 18 of the Act 36 and 37 Vict., cap. 63, to be enrolled as a notary-public on payment only of the stamp-duty of £20 presently exigible by law from a notary-public on admission, without any further payment to Exchequer.
May it therefore please your Lordships to grant warrant for service of this petition upon the said Clerk to the Admission of Notaries, and upon the Queen's and Lord Treasurer's Remembrancer, and to ordain them to lodge answers thereto, if so advised, within four days after service; and on resuming consideration hereof, with or without answers, to ordain the said Clerk to the Admission of Notaries to enrol the petitioner as a notary-public on payment of said stamp-duty of £20, and in event of opposition hereto, to find the party opposing liable in expenses; or to do otherwise in the premises as to your Lordships shall seem proper.”
The Court ordered intimation of the petition to be made to the Queen's and Lord Treasurer's Remembrancer, and continued the case in order to give him an opportunity of lodging answers if so advised. He failed to do so, and the Court, on resuming consideration, granted the prayer of the petition.
Petitioner's Counsel— Mackintosh. Agents— Stuart & Cheyne, W.S.
