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.
Nicolson's Creditors v. The Town of Edinburgh
Date: 29 December 1699
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The purchasers of Nicolson having consigned the price in the Town of Edinburgh's hands, who were to keep it till the ranking was closed and the Creditors could exoner the Town and lift their proportion of the money; and, in the meantime, the Town was only to pay three per cent. of interest, by the late Act of Parliament 1695:—the Creditors having charged the Town at Whitsunday last to get up their money, the Magistrates suspend, That they were not in tuto, except they had declarations from the buyers that the Creditors had made over to them their rights, and that the Town might be secure. The question arose, as to the half year now run, from Whitsunday to Martinmas 1699, at what rate the Town should pay interest, whether only three per cent. or the full annualrent, with deduction of the retention: The Magistrates contending, they being but consignatarii, and noways in mora, they could be no farther liable than in the terms of the said Act; and not for ordinary annualrent, seeing per eos non stetit, that they did not pay at Whitsunday; for these previous questions behoved to be cleared: which is but done this session.
Answered,—After the charge of horning, ye were constituted in mora; and it had no qualities, but was simple; and ye should have at least offered to consign the money, which ye did not, but made use of it; which differences the case from a consignation in the Clerk of the Bills' hands.
The Lords found the Town liable for the full annualrent after Whitsunday last.
