Whether Magistrates are liberated by expiry of their office.
Mr David Lawson Schoolmaster, v. Simson, Reddie, and Others
1686.
February. Case No. No 15.
The quondam Magistrates of a burgh were found liable for a bond granted by them while in office, there being no present Magistrates; but extract was superceded, till the town should be stented for their relief.
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Simson, Reddie, and other, having granted a bond for 500 merks, which they obliged themselves and their successors in office to pay; and being pursued for the same seven years after;
It was alleged for the defenders, The bond being signed by them only as Magistrates, they are not personally liable, now that they are out of the office.
Answered, Though regularly exauctorate, Magistrates are not personally liable for bonds granted by them virtute officii; the defenders must be liable in this case, in regard there is no succeeding Magistrates against whom the pursuers can have action.
The Lords, in respect of the answer, sustained process against the defenders, and decerned, superseding extract for a competent time, that the defenders might stent the inhabitants of the town, and affect the common good for raising the money. The like course was taken in another process for the second minister's stipend.
Fol. Dic. v. 1. p. 157. Harcarse, (Magistrates.) No 679. p. 193.
