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Scottish Court of Session Decisions >>
The Earl of Cassillis, Petitioner. [1694] 4 Brn 178 (30 June 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040178-0405.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Cassillis, Petitioner
Date: 30 June 1694
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The Earl of Cassillis gave in a bill, craving that Tarbet, clerk-register, might be ordained to give him an extract of an Act of Parliament he obtained in July 1690, declaring, that the inhabitants of the bailiary of Carrick, which jurisdiction belonged heritably to him, were not answerable to the Sheriff-courts of Air.
The Lords refused to meddle, or interpose their authority, in commanding the register to give out any such extract:—1mo. Because it came in only by a bill; and Sir George Campbell of Cesnock, Sheriff of Air, was neither called nor heard. 2do. This act was not touched; and so the Lords thought they could not supply the royal assent, nor make it an act: and, though many private acts need not touching, yet this was voted; which ratifications are not. Stio. The sheriffship being older than the bailiary, which lies locally within the shire, there did not appear any reason to give it a privative jurisdiction. But the Lords did not hinder the clerk-register to give an extract of it, if he thought he might safely do it.
