Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 DECREET-ARBITRAL.

Colin Dunlop
v.
Walter Ralston, &C

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In a dispute betwixt Colin Dunlop, merchant in Glasgow, and Walter Ralston &c., in Carmyle; Mr Wallace of Cairnhill, advocate, sole arbiter, pronounced a decreet-arbitral. In the reduction, whereof it was objected that he had decerned for £40 for his own trouble, and £6 for his clerk;—it was argued, that, though an arbiter is justly entitled to a gratuity for trouble, and may even prosecute for it before the Judge Ordinary, yet it is not lawful for him to modify the extent of it himself, or to decern for it. So that, in so far, the decreet-arbitral was ultra vires. The fact was admitted as to the decerniture. But it was said that the scroll of the decreet had been shown to the parties' agents, and not objected to. This was refused; at least that they had not agreed to the sums awarded. The Lords, inter alia, repelled the objection, as it did not appear that any thing unfair was meant; and though Ralston reclaimed against the interlocutor, as to the other points, this point was not mentioned.