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Scottish Court of Session Decisions >>
Peter De Bruis v The Earl of Winton. [1680] 3 Brn 375 (9 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030375-0508.html Cite as:
[1680] 3 Brn 375
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Peter De Bruis v. The Earl of Winton
Date: 9 February 1680
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Peter de Bruis, a Flandrian, gave in a complaint against the Earl of Winton, anent the building of a harbour at Cockenny, craving that the Lords of privy council would nominate some to visit it, and consider his pains, and modify against the Earl accordingly. The Lords at first named a committee, but thereafter they remitted it to the Session, the judge ordinary, to be summarily discussed by them.
Vol. I. Page 84.
1680. June 29.— The Lords finding the grossness of the difference betwixt the reports of the arbiters, therefore renew the commission, and adjoin the Lord Justice-Clerk to my Lord Harcous; and ordain the two arbiters to be cited before them, and to be examined if they measured the harbour-work severally, or together. And, in regard that Fulton the Earl's arbiter measures by feet, and Baxter arbiter for Bruis measures by roods, ordain them to reduce the measure to one common denomination, whether of feet or roods,. and to value what Bruis hath done conform to the scheme agreed upon betwixt the Earl and him; and what is unwrought of that scheme; and what additional work he hath wrought, not contained in that scheme; with special regard always to the quality, goodness, and sufficiency of the work; and allow the foresaid Lords to call other wrights and masons before them, and examine them upon oath anent the work, and value of the additional work, whether they think it more or less than what De Bruis was obliged to do by the scheme, and which is yet undone by him; and to report. Vide infra, 30th July 1680.
Vol. I. Page 105.
1680. July 30.—In the action pursued by De Bruis against the Earl of Winton, (29th June 1680,) the Lords having considered the Justice-Clerk and Harcous their report, they modify about 1600 merks, as yet resting by the Earl to him for his work besides what he hath received ; and reserve him action for his boats and plenishing alleged seized on by my Lord, as accords.—But the contract betwixt them appoints that the boats shall belong to my Lord. Vide 23d Nov. 1680.
Vol. I. Page 111.
1680. November 23.— In this action, the Lords find that the decreet being in foro, and pronounced the penult day of the last Session, and a petition given in for the Earl the next day, and refused; that any defences, which were competent and omitted formerly, cannot now be received: but allowed the suspender to be heard upon any error which hath been in the calculation of the sums, and that before the Lord Justice-Clerk and Harconrs, to whom they remit the consideration thereof: and sustain the price of the coals to be 100 pounds sterling, in respect of the submission produced, unless the charger offer to prove, by the Earl's oath, that the submission was blank as to the price and
number of the coals when it was delivered up, and that the charger paid for the carriage of the coals or allowed the same to the Earl; and adhere to the former modification of 1000 merks contained in the decreet.
