Court of Session Act 1723
| Jurisdiction | UK Non-devolved |
| Citation | 1723 c. 19 |
| Year | 1723 |
(10 Geo. 1) C A P. XIX. Anno Regni GEORGII Regis Magn Britanni, Franci & Hiberni, decimo.
An Act for explaining the Law concerning the Trial and Admission of the Ordinary Lordsof Session.
'I. WHEREAS the Nomination and Appointment of the Lords of the Court of Session inScotland , is an inherent Prerogative of the Crown, and his Majesty is most desirous that none should be Lords of Session, but Persons of known Probity and Understanding in the Laws, and such as are duly qualified according to the several Statutes for that Purpose made;' Therefore, for the attaining of these good Ends, and for the more plain and easy Execution of the Laws in this Behalf already made, Be it enacted, by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, Thatwhen any ordinary Place shall be vacant in the said Court of Session the King's Majesty, his Heirs and Successors, shall nominate and appoint thereto a Person qualified according to an Act made inScotland in the sixth Parliament of King James the Sixth, intituled, Anent the Admission of the Ordinary Lords of the Session, and Reformation of certain Abuses therein ; and according to another Act made in Scotland in the twelfth Parliament of King James the Sixth, intituled, Anent the Jurisdiction, Presentation, Qualities and Age of the Lords of Session ; and according to the Articles of Union of the two Kingdoms of England and Scotland ; and the Qualifications of such Personso nominated and appointed, may be examined, and shall be tried by the Ordinary Lords of the Court of Session only; and if the Person so nominated shall on such Examination be found duly qualified, according to the Act and Articles aforesaid, then they shall forthwith admit and receive him to such Ordinary Place; but if on such Examination the said Ordinary Lords of Session shall be of Opinion, that there is just Ground to object to the Qualifications of the Person nominated as aforesaid, in every such Case the said Lords of Sessionare hereby required, with all convenient Speed, to transmit and certify the whole Master to his Majesty, his Heirs and Successors, in order that the Royal Pleasure may be finally had thereupon; and if his Majesty his Heirs and Successors shall afterwards signify under the Sign Manual the Royal Will and Pleasure, that the Person so nominated shall be...
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