Scottish Court of Session Decisions

This petition was presented by John Dick, colliery labourer, Hamilton, for the recall of arrestments used in the hands of the trustees acting under his father's settlement.

This settlement directed the trustees to hold the residue for the liferent useallenarly of the truster's surviving children, and to pay to them the interest half-yearly, which provision was declared to be for their alimentary use allenarly, and not affectable by their debts or deeds, or liable to the diligence of creditors.

In an action at the instance of the petitioner against the trustees for the reduction of this settlement he was unsuccessful, and the defenders obtained a decree against him for £290, 13s. 2d. of expenses. Mrs Dick, the defender's stepmother, was one of the trustees, and a defender in the action. She died during the dependence of the action, and her executrices, Mrs Margaret Dick or Russell and Annie Dick, were sisted in her place. Upon this decree arrestments were used in the hands of the trustees by Mrs Dick's executrices.

John Dick then presented this petition for recall of the arrestments, in which he averred—“That in December 1879 the petitioner, while employed in a tanyard in Hamilton, fell into a vat containing a boiling liquid, and was so seriously injured that he was bedfast for six months, and he has not yet recovered, and never will entirely recover from the shock which his system then sustained. He is besides suffering from a dropsical affection in his feet and legs which prevents him from working save at light labour. His employment is accordingly precarious, and when working he only earns about 12s. a-week or thereby. That the petitioner, while he is anxious to meet the heavy obligations incurred by him under the said decree, is unable to set aside towards that object any portion of the alimentary income from his father's estate, and he at present depends upon it for his support. The said alimentary income is not of an excessive amount, as it only- averages about 12s. per week, and the action of the said Mrs Margaret Dick or Russell and Annie Dick in endeavouring to attach the same by arrestment is incompetent, unreasonable, and oppressive.”

The respondents lodged answers, in which they stated—“The petitioner is a flesher by trade, and is at present employed as a flesher in Hamilton. He is unmarried, able-bodied, and is subject to no incapacity, physical or mental. The respondents are unaware of any accident having happened to the petitioner as stated in the petition. The respondents believe and aver that the petitioner is in receipt of a wage sufficient to aliment and maintain him suitably to his position and station in life, and they therefore submit that the petition should be refused with expenses.”

At advising.—