Expenses and a fine awarded for a vexatious and improper prosecution.
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A bond being granted for payment of a sum, and thereupon the granter having suspended in his own time, and a decreet of suspension being recovered in his favour, after his death, his son being of the same name, was charged, denounced, and taken with caption for the same debt.
The Lords upon a bill did find, That the son ought to be free of the said debt; and in regard of the charger's trincating and fraudful practice, they modified L. 40 to be paid by him, the one half to the party, the other half to the poor's box.
