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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blair v Gibb. [1738] 2 Elchies 39 (12 January 1738)
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Cite as: [1738] 2 Elchies 39
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[1738] 2 Elchies 39
Subject_1 ARBITRATION.
Blair
v.
Gibb
1738 .January 12 ,17 .
Case No.No. 3,
Gratuity to arbiters.
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Decreet-Arbitral being pronounced, but not delivered till the parties would gratify the arbiters for their pains; Blair, one of the parties, who knew nothing of the contents of the decreet, was willing to join with Gibb to gratify them, but not to give what they demanded; therefore Gibb, the other party, paid them, and thereupon the arbiters gave the decreet to be registrated. The Lords found this was corruption, and reduced the decreet, and ordered the money paid to the arbiters not to be restored to Gibb, (because he was particeps of the corruption,) but to be put into the poor's box; and did not go to a higher censure, because the arbiters seemed to have acted in the belief that it was lawful. (See Dict. No. 67. p. 664.)
The electronic version of the text was provided by the Scottish Council of Law Reporting