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The Lords found consignation of the money lawful, being made in the hands of the consigner's servant; and notwithstanding it was opponed, that the money was used since the consignation, viz. lent to consign in favours of another, in respect the party consigner was responsible, and that they had done diligence to obtain declaration, and offered the money at tha bar.
Kerse, MS. fol. 84.*** Haddington reports this case:
In the reversion pursued by the Laird of Drum against the Heirs of Captain Wishart, he having consigned the money into the hands of a servant of his own, it was alleged, That the redemption could not be lawful, unless he paid annualrent for the money since the term of Whitsunday last; because, in effect, he had retained the money in his own hands, and made use of it; whilk was no otherwise qualified, but, at Martinmas last, he had lent a part of the same to a merchant to offer in a redemption, whilk he retired within half an hour, and had it ready at the bar to deliver to the party; and the consignation being made in his servant's hand, it was after the refusal of the Treasurer and Dean of Guild to receive it. In respect whereof, the Lords sustained the order of redemption, and declared him free of any annualrent.
