Whether Magistrates are liberated by expiry of their office.
John Anderson v. Thomas Morton and George Alexander
Date: 18 November 1779 Case No. No 19.
Found in conformity with the above.
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The weavers of Portsburgh, which is the burgh of the barony of Dalry, were erected into a society, by a seal of cause from the Lord of the barony, and are governed by a deacon and boxmaster, who are chosen annually.
Anderson acquired right to a bond granted by the office-bearers of this community; and, in an action for payment, demanded a personal decreet against Morton and Alexander, their successors in office;—who objected, That societies not united into a body politic by the Sovereign, not being proper incorporations in the eye of law, their managers could not ratione officii be liable, personally, for monies borrowed by their predecessors in office; and that the creditor in these monies could only attach the funds of the society in their hands as the servants of the community; Kames' Elucidations, art. 54.
The Court admitted the distinction between lawful societies and incorporations properly so called; and ‘ found, That no action lay against the present office-bearers of this company or incorporation, for subjecting them personally, or their own proper effects, to the payment of the bond pursued on, but only for the special purpose of affecting the funds of the company for the same.’
Reporter, Lord Gardenston.Act. Geo. Ogilvie.Alt. Tytler.Clerk, Campbell.
Fol. Dic. v. 3. p. 141. Fac. Col. No 91. p. 176.
