Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Richard Howison v. Sir William Sharp of Stanyhill
Date: 21 February 1699
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Mr Richard Howison, minister at Musselburgh, charges Sir William Sharp of Stanyhill for his proportion of stipend, year 1697. He Suspends,—That, for some years before, you accepted money for your stipend; which use and custom I am willing to continue; and accordingly made offer of the same. Answered, —The offer was intempestivè, being but in July last; and his decreet of locality contains victual and not money; and, though he accepted money for a year or two, yet that cannot oblige him to do so still. Replied,—My offer was as timeous as your charge, which was but a few days before it; and it was too late to declare your electing of victual in July, when all the farms were sold and delivered many months before.
The question was, If the minister was bound first to require, or the heritor to offer. But at last the Lords decerned against Sir William for the price he received for his victual that year, which they considered would not be under the Sheriff's fiars.
