Scottish Court of Session Decisions

Subject_1Factor loco tutoris
Subject_2Appointment de plano
Subject_3Nobile officium
Subject_4Administration of Sum awarded in Action of Damages.
Facts:

In an action brought under the Employers Liability Act of 1880, by the widow and six children of a certain James Collins, against the Eglinton Iron Coy., for damages in consequence of the fall of a roof in one of the ways of the defenders' pit, by which Collins lost his life, the Court (on appeal from the Sheriff Court of Ayrshire) found for the pursuers. The damages were assessed at £120, payable in the following proportions,

Page: 441↓

viz., to the widow £50 sterling, to Alexander and Margaret Collins £5 each, to Susan £10. to Thomas £15, and to each of Mary and Jemima Collins, £17, 10s. The children being all in pupillarity, application was verbally made to the Court for the appointment de plano of an uncle of the children to the office of factor loco tutoris, the fund being so small that the expense of an appointment in the ordinary way by petition in the Outer House was, it was pleaded, to be avoided if possible. The Court, when the application came before them on the Single Bills, granted the motion and made the appointment as craved.