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Scottish Court of Session Decisions >>
L. Cluny v L. Boquhen. [1622] Mor 7295 (7 March 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor1807295-004.html Cite as:
[1622] Mor 7295
Parts of a Barony in different Shires. - Effect of a Deputation.
L Cluny v. L Boquhen.
Date: 7 March 1622 Case No. No 4.
An heritable Bailie gave first a deputation extending over the lands of the depute himself, and several others; then a general deputation to another of the whole regality. The first was found exempted from suit or compearance at the courts of the other.
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L. Cluny as Bailie-depute to the Marquis of Huntly, who was heritable Bailie to the burgh of Aberdeen, obtains decreet against the L. Boquhen before his own depute, and letters conform before the Lords, for some unlaws for his not compearance to answer in the head courts holden by the L. Cluny; the which being suspended by the L. Boquhen, upon this reason, viz. that he being constituted Bailie-depute by the Marquis, who was principal Bailie within such particular bounds within his deputries therein specially designed, within which bounds the lands for which, he was unlawed lie, and that long before the deputry given to Cluny; in the which anterior deputry of the suspenders, there was a special place designed to him to hold his courts; therefore by his bailiary-depute he was exempted from suit and compearance, to answer for the lands contained in the said deputry, either at head courts, or any other courts; especially against another Bailie-depute, who was constituted posterior to himself;—the Lords found this reason of suspension relevant, and suspended the sentences thereby; albeit it was answered for Cluny, That his deputry was universal through the whole bounds of the bishoprick, and that the suspender's bailiary was only particular within some certain bounds, which could not be extended to exempt him from compearance for his own lands in the head Courts, but gave him only the liberty to hold common courts against his own tenants, possessors of his lands within the bounds of his deputry, and against the other vassals of this bishoprick within his said bounds, and that the said deputry could not be further extended; which allegeance was repelled by the Lords, in respect the question was betwixt two Bailie-deputes, and not betwixt the Lord or his principal Bailie and the depute.
Act. Baird.Alt. Lawtie.Clerk, Gibson.
Fol. Dic. v. 1. p. 493. Durie, p. 19.
