Scottish Court of Session Decisions

Subject_1 ARBITRATION.

Blair
v.
Gibb

1738, Jan. 17.
Case No. No. 3.

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It appeared, that during the currency of a prorogation, the decreet-arbitral being written out and signed, the arbiters would not publish or deliver it up till they were paid for their labour; that they had a treaty with both parties; that one of them, Blair, who knew nothing of the contents of the decreets-arbitral, was willing to join with Gibb the other in paying them a sum, but would not agree to their demand, but that Gibb by himself paid them, and that thereupon the arbiters gave the decreet to be registrate. This the Lords found relevant and proved to reduce the decreet-arbitral, that the same had been obtained by corruption, and ordained the money paid to the arbiters to be put into the Clerk's hands, to be applied to pious uses as they should direct. They would not order it to be paid to Gibb because he was particeps. They would have inflicted a higher censure on the arbiters, but that by the circumstances and their ingenuity, it appeared that they thought they were doing a lawful thing. The Lords adhered 17th January, and refused the arbiters' bill without answers.