Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

The Commissioners for Linlithgowshire
v.
The Freeholders

Date: 12 June 1674

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In a pursuit, at the Commissioners' instance, for payment of their fees, conform to the late Act of Parliament of the first session;—it was alleged, That, by the said Act of Parliament, there was only allowance given of £5 per diem for every day that they should sit and attend the Parliament; whereas it was offered to be proven that the Parliament did not sit, but was adjourned many of the days for which allowance was craved; and that, during the time the Parliament did sit, they were not actually present, but absent many days.

It was replied, That the Act of Parliament was opponed, which bears an allowance for every day from the first to the last day of every Parliament, as should be attested by the clerk-register under his hand; and that without any exception when the Parliament did sit or not, or when the commissioners were absent.

The Lords, having considered the Act of Parliament, did find, That no allowance ought to be given where there were adjournments of Parliament for any long time, except to commissioners who were for remote shires, who could not conveniently get home and return to their own houses upon their private business; but, as to commissioners for shires near to Edinburgh, not only they should have no allowance when the Parliament was adjourned for above eight days, but even when they were adjourned for a few days, they should have no allowance but when they were actually in Edinburgh attending the Parliament.

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