Whether Magistrates are liberated by expiry of their office.
Honieman v. The Town of Dysart
1685.
January. Case No. No 14.
The late magistrates of a burgh being charged for arrears of ministers' stipend, altho bound only ratione officii, were found liable; but extract was superceded till the inhabitants should be stented for their relief.
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Robert White, and others, late magistrates of the Town of Dysart, having granted bond to Mr Honieman, second minister of Dysart, for what was resting of his stipend in use to be paid the Town; and for which the succeeding magistrates had been in use of payment of annualrent; and he having charged the said Robert White, and the other persons subscribers of the bond, for payment, and they having suspended it upon the reason, that they were only bound ratione officii as magistrates, and could not be personally liable for payment of the debt; The Lords notwithstanding found the defenders liable in solidum, to make payment of the principal sum, with the bygone annualrents then resting; but did supercede extract until a certain time, and ordained the inhabitants to be stented for reimbursing the suspender; and the inhabitants were cited for that effect at the market cross of the burgh, by virtue of the Lords' ordination; and the Lords appointed a person to stent the inhabitants.
Fol. Dic. v. 1. p. 157. Sir P. Home, v. 2. p. 661.
