Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION V.

Inferior-Courts.
Subject_3 SECT. IV.

Dispensation to hold courts during vacation.

L Bamff
v.
Chamberlain of Boyn

Date: 2 July 1629
Case No. No 215.

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In a suspension of a decreet given by the Sheriff of Aberdeen, eight days after the Head Court at Pasch, which fell within the time of vacance, and so which was quarrelled, because it was done and dated in the vacance, without dispensation, and therefore null; the decreet was sustained by the Lords, because they found, that after holding of the Head Court, the Sheriff might at all times thereafter, albeit the time of the Head Court fell within the time of vacance, and might sit and hold courts without, dispensation, seeing then in effect the time of vacance ceased.

Act. Baird. Alt. ———. Clerk, Gibson. Fol. Dic. v. 1. p. 502. Durie, p. 454.