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In an action of suspension betwixt the Laird of Lauriston and the Sheriff of Merns, the Lords found, that any party, who had obtained precepts out of the chancellary, upon his retour, for taking sasine of lands whereto he was retoured, as heir to his predecessor, was subject to pay the quantity of the relief, upon a personal charge, at the king's officer's instance, viz. the treasurer, against him to that effect, or that the ground might be poinded therefor, or the Sheriff might be compelled to pay the same, who for his relief might either poind the ground, or charge the party obtainer of the precept out of the chancellary, personally to pay the same, and which the Lords found the parties might be compelled to pay, albeit he never took sasine by virtue of the said precept, conform to the 74th act of Parliament, 1587; and albeit the lands lay in non-entry ay and while sasine were taken. See Relief Casualty of.
Fol. Dic. v. 2. p. 62. Durie, p. 359.*** Spottiswood reports this case:
All Sheriffs, &c. are charged in their accounts to the Exchequer, according to the book of responde; and therefore if one take out a precept of sasine out of the chancery, albeit he never take sasine thereupon, yet the Sheriff will be charged for the duties of the land, because of the responde, and he will have his relief of the party obtainer of the precept, not only by poinding of the ground, but will also have personal action against him for the same.
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REAL.