OFFICERS OF STATE & Ors v LORD DUNGLAS and CAPTAIN ROBERT CUNINGHAM (Court of Session)

The lordships of Ettrick Forest and Dunbar were annexed to the Crown, under a declaration by Parliament that they should be in-alienable, the former by stat. 1455, c. 41, and the latter by stat. 1487, c. 112. By stat. 1587, c. 30, the annexation of the lordship of Ettrick Forest was dissolved, and it was declared lawful for the Sovereign to grant feus thereof.

This appointment of chamberlain had been usually bestowed during the pleasure of the Crown. Since the Union, and previous to Lord Dunglas's appointment, this had been uniformly the case, with two exceptions: the one was in 1786, when it was conferred on two chamberlains jointly, and on the survivor of them, during life, but ‘si nos in vita tamdiu remanebimus, et donec hæc presens commissio per nostros regios successores revocabitur.’ The other was Lord Dunglas's immediate predecessor, to whom a commission was granted of the office for life, in 1812.

The pursuers, being the Officers of State and the Lord Advocate, in name, and on behalf of the Commissioners of Woods and Forests, raised the present action of reduction, declarator, repetition and payment, for setting aside the letters-patent in favour of Lord Dunglas and his deputation to Cunningham, and for having them decerned to repeat the salaries received by them from the date of the accession of William IV. A record having been made up, cases were ordered by the Lord Ordinary, who made avisandum with the cause to the Court.

The cases and other proceedings were directed to be laid before the other Judges.

The following opinion was returned by Lords Jeffrey, Fullerton , and Cuninghame .—We are of opinion that the grant under reduction was ultra vires of his late Majesty, King George IV. and cannot be maintained against the challenge of the present pursuers.