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 SUMMARY APPLICATION.

Beaumont
v.
John Craig, Messenger in Ayr

1776. August

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A Messenger, having been employed to execute a caption, took it upon him, though not possessed of the ground of debt, viz. a bill upon which the diligence proceeded, to receive payment from the debtor, but, instead of paying it to the creditor, kept it in his pocket, and concealed that he had received it. The debtor, not suspecting any thing, was of new attached for the same debt, and obliged to pay it a second time, whereupon he, 16th July 1776, gave in a summary complaint against the messenger; and although the private complainer, on receiving satisfaction from the messenger, withdrew from the complaint and declined to proceed farther, yet the Lords ordained the messenger to give in answers for the sake of the public, and recommended to the King's counsel to take notice thereof, so far as the public was concerned, and to bring it to an issue. Answers were given in by the messenger accordingly, confessing the charges, but, from want of health, &c. endeavouring to excuse it. The Lords, this day, 25th July 1776, on advising petition and answers, deprived the messenger of his office, and sentenced him to a month's imprisonment.

And this day, 3d August 1776, refused a reclaiming petition without answers, and adhered.