Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. I.

To Whom this action competent.

Secretaries of State
v.
Andrew Crawford

1684. March.
Case No. No 61.

The Secretaries of State were refused reduction of a gift of an office granted a former Secretary, in a manner, which, if irregular, he only would have been entitled to challenge.

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In a reduction at the instance of the Secretaries of State, of a gift of the office of Sheriff clerk granted by the Duke of Lauderdale, (then Secretary) to Andrew Crawford, upon this ground, that it did not contain the modus vacandi by Mr Andrew Ker the former clerk's death, demission, or deprivation, but adjoined Crawford to Ker, giving him the right of survivance after Ker's death, without any title to the profits medio tempore.

Answered; The reason of reduction is not relevant, in respect Ker and his son being conjunct in the office, with a clause of substitution, the father upon the son's death, made a demission of the half of the office in favorem, upon which the Duke's gift proceeded; and old Ker having died some years before the Duke, to whom the casualty fell if it had vaked by Ker's death, since the Duke did not quarrel the same, nobody else could; nor is it unusual to grant gifts to two persons with a clause of substitution and survivance, as was formerly found in the case of Commissaries and their clerks, and lately in the case of Alexander Maitland and his son Charles.

Replied; The granting of offices by way of conjunction and substitution, is very prejudicial; and if they may name two conjunct, they may, by the same reason name six.

The Lords assoilzied from the reduction.

Harcarse, (Improbation and Reduction.) No 548. p. 152.