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John, &c. Macevers v Hugh Ross of Kilravock, Esq; Advocate, Sheriff-depute of the Sheriffdom of Ross. [1761] Mor 13435 (17 November 1761)
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[1761] Mor 13435
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[1761] Mor 13435
Subject_1 RECOMPENCE. Subject_2 SECT. VII.
Recompence claimed by a Surgeon. - Tutor. - Sheriff-substitute. - Commissioner for taking Oaths. - Political Agent. - Recompense claimed from a Trustee.
John, &c Macevers v. Hugh Ross of Kilravock, Esq; Advocate, Sheriff-depute of the Sheriffdom of Ross
Date: 17 November 1761 Case No. No 42.
Salary due to a Sheriff-substitute, tho' not stipulated.
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In the year 1754, Mr Rose, by his commission, constituted Roderick Macever to be his substitute in the Island of Lewis, which makes a part of the shire of Ross. No mention was made of any salary in this commission. Macever acted above two years and half as Sheriff-substitue, and then died.
The pursuers, as executors to him, brought an action against Mr Rose for a salary, at the rate of L. 25 a year, for the time their father had acted as Sheriff-substitute.
Pleaded for the defender: No salary stipulated; ergo none due.
Answered for the pursuers, That there is no evidence that their father accepted of the office without a salary: That the office was exceedingly troublesome; and the presumption was, that no man would accept of a troublesome office without some recompense;
Observed from the Bench: That it was contra bonos mores to employ a substitute without a salary, and might be attended with very bad consequences.
The Lords found the salary due.
Act. Munra.Alt. Scrymgeour.Reporter Lord Woodhall.
Fol. Dic. v. 4. p 218. Fac Col. No 6. p. 145.
