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Scottish Court of Session Decisions >>
The Earl of Dumfries v William Crawford of Dalleagles. [1694] 4 Brn 119 (10 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040119-0274.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Dumfries v. William Crawford of Dalleagles
Date: 10 January 1694
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Arniston reported the Earl of Dumfries against William Crawford of Dalleagles. The question was, Whether the fine exacted by Dumfries, as Sheriff, from Dalleagles, for his church-irregularities, and proven by his discharge, was a present ground of compensation against Dalleagles' clear liquid bond to the Earl. Some were for remitting the case to the Commission of Parliament, as incompetent to be judged by the session: but the plurality rejected the compensation as not clear, in regard sundry questions arose; whether the money belonged to Dumfries, jure proprio, as Sheriff, or only as collector for the King, and countable to his treasury; and if he had accounted for this or not; or if any share of it, for his encouragement to execute the laws, fell to himself; and if repetition of such fines were allowed by the rescissory act, or only in the case of donatars; and if compensation was more favourable than repetition.
There being so many perplexed and thorny points arising from it, the Lords were induced to repel the compensation as not liquid. Some thought the right of this money was still in the King's person, and undischarged by the Act of Parliament foresaid, and that the party might get a gift of it from the King, and then it would furnish a plain ground of compensation.
