Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Cunningham
v.
His Creditors

Date: 9 February 1681

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The Lords having appointed the keeper of the minute-book to uplift and pay the macer's dues,—several creditors of Adam Cunningham, one of the macers, arrested the same in his hands, and pursued to make forthcoming.

It was alleged for the macer, That these dues being his fees for his service, they were alimentary, and necessary to him to exercise his office; and they being paid in smalls, the keeper of the minute-book could not positively depone what was in his hand, at every arrestment.

It was answered, That the macer's place being lucrative more nor necessary for his aliment and service, his creditors could not be excluded upon that pretence; and there is no reason that a macer, bruiking office by the King's gift, subservient to the distribution of law and justice, should not be law-biding.

The Lords found the macer's dues arrestable; and appointed the keeper of the minute-book to count therefor yearly, the first day of January, the first day after Martinmas, and at the first of August: and that the arresters should be preferred according to their priority as to every running term, and not as to every particular due, as it was paid to the keeper, but for the whole term.

Vol. II, Page 858.