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.

Robert Monro
v.
Alexander Macpherson

Date: 27 February 1778

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In a complaint of a similar nature, Robert Monro of Auchnagarl against Alexander Macpherson, messenger in Tain, the Lords seemed inclined to proceed to a high censure ; but, the messenger having candidly acknowledged the facts upon which the complaint proceeded, and pleaded ignorance of the Act of Sederunt, and sentence against Ross, 4th November 1738, which had never come to his knowledge, they mitigated their sentence, and ordered repetition of the fees exacted, and found the messenger liable in expenses. To prevent the like in time coming, they ordered a copy of the Act of Sederunt 1738 to be transmitted to the Lyon-Court, and to be recorded in their books ; which, though ordered at the time, it seems had not been done ; and also to every Sheriff. But, in other instances of complaints, upon this Act of Sederunt, where they are groundless, the Lords have dismissed them with expenses. Thus, in a complaint on the Act of Sederunt 1738, William Shaw, bookseller, against James Watson, junior, messenger, the Lords, 27th February 1778, dismissed the complaint, and found the messenger entitled to expenses.

They did the same, 23d June 1778, Alexander Christie, vintner in Dumfermline, against said Mr Watson.