Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by TUTORS and CURATORS.
Stevin v. John Boid
Date: 9 July 1667 Case No. No 35.
Tutors and curators have a year after admission, to uplift and reemploy the minor's money, not bearing annualrent; after which, they are themselves liable for annualrent.
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In a tutor count at the instance of Stevin against John Boid, these queries were reported by the auditor, and determined by the Lords:—1mo, How soon a tutor was obliged for annualrent of the defunct's bonds, that bare no annualrent.
The Lords found that the tutor behoved to have a competent time to uplif and re-employ these sums; for which they allowed him a year; and that he was liable for annualrent after that year.
2do, How soon a tutor was obliged to do diligence to uplift his pupil's means, so that if the debtor became irresponsable, the tutor was liable?
The Lords found, That if the pupil's sums were in the hands of debtors, unquestionably solvendo, the tutor was not obliged to lift the same, unless the condition of some of the debitors, or cautioners, became worse; at which time he was obliged to do all diligence for uplifting the sums, unless the debtors became to be known to be altogether broken upon a sudden, which he could not foresee.
3tio, What diligence a tutor was obliged to do, Whether horning was sufficient, or if caption, poinding, and apprising, were necessary?
The Lords found, That in different cases, different executions were requisite, viz. If the debtor were known to have lands apprisable, or goods poindable, or sums arrestable, that the tutor was obliged to do diligence accordingly; and if not to use personal execution.
4to, Whether the tutor should have allowance of such sums as he paid without sentence?
The Lords found such sums allowable, unless a competent defence could now be proponed, which was known and probable to the tutor at the time of payment. (See Tutor and Pupil, See Diligence prestable by Tutors and Curators.)
