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 £5, 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 >>
The Earl of Dalhousie Choosing Curators. [1698] 4 Brn 405 (22 February 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Brn040405-0812.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Dalhousie Choosing Curators
Date: 22 February 1698
Click here to view a pdf copy of this documet : PDF Copy
The present Earl of Dalhousie, (his elder brother being murdered in Flanders,) compears before the Lords to make a nomination of his curators, and choosed Brigadier Ramsay, his uncle; but, in regard he was not present to give his oath de fideli, it was desired that Sir John Ramsay might be allowed to swear for him, as is practised in some other places; and the doctors call it in animam altcrius, where they have a special letter of procuration and warrant under his hand to that effect.
The Lords considered that had not been allowed in our practice; but they granted a commission to take his oath in England or Holland, where he was; and empowered the Clerk of the Bills, in the vacance, for the time, on the returning his oath, to consider and accept the caution that should be offered.
The week before, the Lord Elcho choosed his curator in the Inner-House, in prœsentia of the Lords; and so did Sir James Inglis of Cramond.
