Scottish Court of Session Decisions

Subject_1 PUBLIC OFFICER.

Bower of Kinnettles
v.
James Hay, &c

1750, Dec. 7.
Case No. No. 17.

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In this case the President and I and some others thought there was sufficient evidence from the declarations of the parties, that James Hay was art and part of the unlawful combination to get curators to this boy Bower of Methie, (now carried to the Scots College at Paris by his aunt) chosen or named by Popish priests, in order to possess these or the College, or which was the same thing, the boy in that College, of the rents of the estate to be spent there, and to carry on the nomination so as his nearest friends particularly Kinnettles should not know of it. But Kilkerran, Justice-Clerk, and Drummore, thought the proof not sufficient, but thought him guilty of some imprudences and indiscretions, and therefore censurable; and we all agreed that he was censurable, and the Justice-Clerk moved the censure to be suspension for a year, and a fine, which to me seemed odd, considering his opinion on the first point; and on the vote it carried to suspend for a year and to fine in L.5.