Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Murray of Auchtertyre v. Murray of Abercairny and his Tenants
Date: 5 February 1697
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Crocerig reported Murray of Auchtertyre, against Murray of Abercairny and his Tenants, for abstracted multures; wherein the debate arose on that member of the libel, craving Abercairny to be decerned, as he who ordered and commanded his tenants to go to another mill.
Alleged,—In criminal cases, a mandate made the giver of it equally liable in pœnam with the executor; but in civil processes that was never sustained.
Answered,—The tenants break or remove from the ground, and are not able to refund my damage; and, therefore, it is most just and congruous to the principles of law that you answer for the deeds done by your direction.
The Lords considered this was damnum injuria datum; in which case the mandans is as liable as the mandatarius; and, therefore, found that part of the libel relevant, even against the master, upon his order and commission.
