Scottish Court of Session Decisions

Subject_1 PUBLIC OFFICER.

Mary Gainer
v.
Mr R Wallace.

1747, June 25.
Case No. No. 14.

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In this case we all agreed in finding it proved that he had vitiated the record of this Court, i. e. (the extract of our warrant to the Commissaries of Edinburgh, by changing the words “two books” to “the books,”) and had used that vitiated extract in the Commissary Court, and finding him liable to the complainer Mary Gainer's damages and expenses; but we greatly differed as to the punishment. I thought as this was done by a member of Court, we could do no less than deprive him of his office and debar him from agenting or managing processes. Others thought it was a great act of folly, and innocent, because he would probably have got a new warrant for the asking, and were therefore only for fining; others were for suspending him for this Session; others till Christmas; others for 12 months; some for fining him L.5, others for L.20 sterling;—and upon the vote we suspended him for 12 months, and fined him in L.20 sterling to the poors' box, multum renit. inter alios President et me, who were for depriving him altogether.