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 BILL.

Elliot
v.
Mackay

Date: 16 January 1777

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By the decision, Sougal against Ker, 111, Fac. Coll. No. 79; bills, after the lapse of twenty months, lose their extraordinary privileges, and are subject to compensation, arrestment, &c. In a case, Fulton against Dunlop, decided by Lord Auchinleck, winter 1775, his Lordship reduced this period to six months after the term of payment; and the interlocutor was acquiesced in. In another case, Elliot against Mackay, where compensation was pleaded on a debt of the drawer, against an onerous indorsee, into whose possession the bill came, before the term of payment, but who had taken no step, nor raised action upon it for 21 months after the term of payment; Lord Pitfour, 25th February 1775, pronounced an interlocutor to the same purpose, fixing the extraordinary privileges at six months after the term of payment. And Lord Auchinleck, to whom the cause was remitted, having taken it to report, the Lords found, That compensation was proponable against the bill in question; and remitted to the Ordinary to proceed accordingly. But this day, (16th January 1777,) the Lords found, That compensation was not proponable against the bill in question; and therefore they decerned for payment, in terms of the libel. It seemed that, in pronouncing this decision, the late Act, limiting the duration of bills to six years, had a great influence; and, in general, the Lords seemed of opinion, that extraordinary privileges ought to last for the same period; though, at present, they did not go that length.