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Nasmyth v Nasmyth. [1624] Mor 4455 (12 November 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor1104455-020.html Cite as:
[1624] Mor 4455
The Laws of a foreign State have no coercive force extra territorium. Diligence in Scotland upon foreign deeds will be regulated by the Law of Scotland.
Subject_3 SECT. II.
English Act of Curatory.
Nasmyth v. Nasmyth
Date: 12 November 1624 Case No. No 20.
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Curators given to a minor in England, were found sufficiently qualified to authorise a minor in a pursuit carried on in Scotland; and the Lords refused to compel the minor to name curators again, by the law and form of Scotland; and yet an act of curatory is a judicial act, and the curator has his powers from the judge, not from the minor.
Fol. Dic. v. 1. p. 318. Durie.
See this case, No 2. p. 4046.
*** Kerse reports the same case:
Act of curatory of minors, Scotsmen resident in England, sustained to authorise the minors in Scotland, being made according to the custom and laws of England.
Kerse, MS. fol. 150.*** This case is also reported by Spottiswood:
An act of curatory made and conceived after the form of England, sustained for a sufficient authorization, as if it had been made according to the act of Parliament 1555. C. 35.
