Taxation for a particular year held sufficiently discharged, by the discharge of one who was held and reputed collector.
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The Duke of Hamilton, as Collector of the taxations 1633, charges the Laird of Clackmannan, who suspends, and produces discharges of the first three terms. It was alleged, These discharges could not liberate, because they were granted by John Scobie, who was neither Sheriff, Bailie, nor Clerk; nor does it appear that he had any warrant or commission, nor do his discharges mention any commission or warrant. It was answered, That by the discharges produced, it appears, that Ormiston and Humbie, deputed for the Duke, had granted discharges to this John Scobie, and offered to prove, that he was in use of uplifting the taxations during the terms themselves, and was commonly reputed as Collector thereof, which must be sufficient post tantum tempus. It was answered, That that ground would not oblige the Sheriff, and so both the heritor and Sheriff being free, the King loseth his right.
