Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robert Row v. Captain John Cairns, Brewer
Date: 15 November 1694
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The Lords sustained the reason of suspension,—That the Sheriff had committed iniquity in dividing his oath, whereby he declared he was indeed trusted for Row's sum as well as his own, but that he did not become debtor for it, nor undertook to do more diligence for it than for his own; and, though he had him once under caption, yet he did let him go, because Row refused to bear part of the charges; and therefore turned the decreet into a libel, unless he would subsume that the debtor turned insolvent afterwards, and that he was in a better condition then; and if he had been detained he might have gotten his money. For the Lords considered he was but a nudus depositarius, and had lost much more of his own, and did undertake no diligence; and therefore suspended the letters, unless they would prove damage and prejudice in his dismissing him in manner foresaid.
