Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robertson v. Robert Malloch
Date: 8 December 1692
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In Baillie Robertson's son's reduction against Robert Malloch, many of the Lords were convinced that it was an exorbitant profit, first to have L.18 per month, for the use of the brewing-looms, conform to the officer's decreet at Leith, in 1652, then to get 1900 merks as their price, and the said L.18 per month ay till the price was paid, with L.500 Scots of penalty, by the decreet-arbitral; and all this confirmed by a decreet of the Lords in 1657, wherein Malloch deponed, and which was not debito tempore sought to be received, as the act of Parliament 1661 provided. And they thought, that after the price was liquidate, no more should have been decerned but the annualrent of it, whereas L.18 per mensem was double annualrent; yet the President and the plurality adhered to the decreet, and sustained it for all, even for the penalty, not only in respect of the decreet in foro, and that it was juratum, but that being a violent and fraudulent intrusion into Malloch's house, and a spulyie of his brewing-looms, it is not enough for the guilty party to offer to pay the price and the ordinary annualrent, but that the rest was justly added in modum pœnœ. But a part of the 1900 merks having been paid, the Lords by a vote found that the L.18 per month behoved to suffer a proportional abatement effeiring to the sum paid of the price of 1900 merks.
