Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION V.

Inferior-Courts.
Subject_3 SECT. IV.

Dispensation to hold courts during vacation.

Mr George Honyman, Minister of the Gospel,
v.
Anna Oliphant and John Wilson, Writer in St Andrews

Date: 23 July 1713
Case No. No 218.

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In the suspension of a decreet obtained by Mr George Honyman, March 20. 1712, before the Stewart-depute of the Regality of St Andrews, against Anna Oliphant and her Husband, without a dispensation, the Lords found the decreet null, because inferior courts regulariter must have a dispensation to sit in the vacation time; and the act of sederunt, July 21, 1696, doth not import a general dispensation to all inferior courts to sit till the 20th March inclusive, but only that by a dispensation, they may sit till then, and no longer.

Fol. Dic. v. 1. p. 502. Forbes, p. 707.