Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. VII.

Nobile officium.

Tutor for the Laird of Ayton's Daughter

Date: 25 June 1675
Case No. No 142.

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The tutor to the daughter of the deceased Laird of Ayton having craved by a bill, that he might be warranted, by an order of the Lords, to set the pupil's lands for less duties than were paid formerly, seeing the former duty could not be gotten,

The Lords, though they had granted the like desire in favour of other persons upon bills, thought, upon better consideration, that it was fit to refuse the said bill; seeing, upon such pretences, minors may be wronged by their tutor's authority; and the Lords have only a jurisdictio contentiosa in relation to processes or questions depending betwixt parties; but not a voluntary jurisdiction, or power in relation to administration of private estates; and if the tutor's deed in setting pupil's lands were warrantable, the law would secure him; and therefore left him to do as he will be answerable.

Reporter, Redford. Fol. Dic. v. 1. p. 499. Dirleton, No 277. p. 135.