Scottish Court of Session Decisions

Subject_1 PUBLIC OFFICER.

Lockhart of Carnwath
v.
Hair

1752, July 21.
Case No. No. 18.

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I reported a suspension by Mr Lockhart of a charge by the schoolmaster of Carnwath for L.16. 9s. 9d. Scots as his proportion of the schoolmaster's salary yearly from 1747 of L.10 sterling, modified and allocated by five Commissioners of Supply on the application of a Committee of heritors, in terms of the 26th act 1696; and the Lords (nem. con.) found the letters orderly proceeded, and before answer to the claim of the double in terms of that act, ordained the charger to give in an account of his expenses;—notwithstanding of the reasons of suspension, first, That the decreet did not name the Commissioners, so that they might have been no Commissioners; 2dly, That neither the suspender nor none of the heritors were summoned, but the salary both modified and allocated the same day; 3dly, That the Commissioners had no jurisdiction but upon the heritors neglecting to meet or not agreeing in settling and allocating the salary, but here was no evidence of the heritors being called to meet; 4thly, That they had no jurisdiction where a school was already settled and a salary allocated, whereas here there was an allocation by the heritors as old as 1650 of L.5 sterling in money and two pecks at oat-seed time out of every plough and every mill in the parish; 5thly, That at any rate they could only allocate according to the valued rent the new augmentation, whereas Mr Lockhart whose proportion of the old salary of L.5 sterling was only L.5 Scots, is burdened with L.16. 9s. 9s. 9d. of the L.10 sterling;—in respect of the answers, that 29th September 1746, five heritors met in pursuance of an intimation, and agreed on L.10 sterling of salary, and subscribed each for his proportion, to which three or four more heritors afterwards acceded and subscribed for their proportions; but as that was not a sufficient act of settlement, the Presbytery applied to the Commissioners of Supply, and no citation of heritors is required by the act, and the Commissioners had the books of valuation before them;—that the old settlement was gone into disuse, and none of the oats was paid, and what part of the L.5 sterling was paid was in small trifles, as a gratuity by such only as were willing;—and to restrict that part of the act 1696 to schools not already settled would restrict the whole of it and make it of little use;—that Mr Lockhart came too late to complain of his proportion after year and day, nor had he reason to complain, for as he has 16 ploughs in the parish, which would by the old decreet make two bolls oats, that with L.5 Scots would be more than is now laid upon him.