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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Welsh v Margaret Lumisden. [1781] Hailes 876 (00 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Hailes020876-0552.html
Cite as: [1781] Hailes 876
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[1781] Hailes 876
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MESSENGER.
Subject_3 Cautioner of a Messenger only liable for his actings qua Messenger.
William Welsh
v.
Margaret Lumisden
1781 .Click here to view a pdf copy of this documet : PDF Copy
[ Dictionary, 8893.]
Braxfield. It is no part of the duty of a messenger to receive money. Money levied in the course of diligence ought to be consigned. The caution is for the faithfulness and attention of the messenger in executing his office, but for no more.
Hailes. It does not appear that there was any poinding, or that the messenger discharged any part of his office at all.
Covington. Messengers are frequently trusted with the receiving of small sums of money when they execute diligence; but this will not have the effect of making their cautioners liable.
President. It would be dangerous to make the cautioner liable. The words of the act of Parliament singly respect diligence and fidelity, the agent approved of all.
Kaimes. Were another judgment to be given, there would be no cautioners, consequently no messengers.
On the 18th January 1781, “The Lords found the cautioners only liable for the messenger's faithful execution of his office, but not for any money allowed to come into his hands altering Lord Stonefield's interlocutor.
Act. J. Boswell. Alt. Alex. Miller.
The electronic version of the text was provided by the Scottish Council of Law Reporting