Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PRESCRIPTION.

Robert M'Ghie
v.
Tinkler

Date: 17 December 1776

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Robert M'Ghie, tenant in Avon Mill, brought an action against Quartermaster Tinkler of the First Regiment of Dragoons, for payment of L.10 Scots, as the price of a boll of beans furnished him when quartered at Hamilton, in spring 1764. The action was brought against him before the Bailies of Hamilton, 6th June 1769, who allowed a proof of the furnishing, and an oath in supplement, and afterwards decerned for the price. Tinkler suspended, and pleaded the triennial prescription. To which it was answered, that, as he marched to England with his regiment immediately after the debt was contracted, and did not return till soon before the action commenced, M'Ghie had it not in his power to demand payment in a legal way in this country, where, being an Englishman, he had no forum originis ; neither could he found a jurisdiction by an arrestment, for he had left no effects to arrest; and, as to suing him in England, the expense of bringing a proof in that country would greatly have exceeded the debt. Lord Alva, Ordinary, by his first interlocutor, 7th December 1774, found the letters orderly proceeded, but afterwards, 4th July 1776, he found that the triennial prescription took place in this case; and, in regard that the charger did not offer to prove resting owing by the oath of the suspender, he suspended the letters. And this day, on advising bill and answers, the Lords adhered, but gave expenses to neither party.