Scottish Court of Session Decisions

Subject_1 MESSENGER.

Lieutenant Hope
v.
Drummond and Nicol

1749, Feb. 28.
Case No. No. 2.

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Lieutenant Hope, (13th January 1749,) represented that his father was become fatuous, and was by his friends committed to the Infirmary for his recovery; that while he was there, Drummond, the messenger, pretending to have a caption, broke into the room, though told what condition he was in, carried him to a tavern, gave him drink, robbed him of money, and then left him in the tavern, where he committed some outrages, and afterwards in the streets, till his friends got hold of him; and therefore praying by two several petitions, one to punish Drummond, and the other for warrant to the petitioner his son to detain him in the Infirmary, and produced a certificate of his condition from a physician. We gave a warrant to seize Drummond, and remitted the petition to an Ordinary to enquire into his condition, and report, and in the mean time granted warrant to detain him in the Infirmary.

28th February 1749.—Drummond executed a caption against the now deceased Sir Alexander Hope in the Infirmary, whether he had some days before been sent by advice of physicians for madness, and carried him to the house of one Little, a taverner, and after getting from him L.4, which he gave to his employer, Mrs Nicol, left him there, and after some rioting in the streets, he was sent back to the Infirmary, where in a few days he died. The son complained both of the messenger and Mrs Nicol; and a proof was led; but on an objection that her husband was not called, was delayed till June. As to the messenger John Grant, who was ordered to serve him, argued, and argued well, that Sir Alexander's disorder was no excuse to the messenger not to execute the King's letters; and Dundas, for the complainer, in effect gave it up, but argued it as an illegal, oppressive execution;—and the Lords found it illegal, and with a malevolent intention, to extort money; and deprived the messenger both of his office of messenger and notary, (which he also was,) and committed him for a month to prison. I doubted of the sentence, but gave no opinion.