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Messengers cannot exact their fees from the debtors.
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Found, That all messengers ought to be paid their fees and expense for executing letters of horning and caption, by the creditor employer, and not by any exactions from the debtor and the claimant, exacting, or taking from any person under diligence, any sum or security for the same, under the colour of fees or expense for executing, or for delaying to execute any such diligence, or of expense of going to or coming from any place towards the execution of such diligence, declared unwarrantable, illegal and oppressive, as opening a door to high and grievous exactions from ignorant, distressed, and indigent persons; and Alexander Ross, messenger in Tain, on account of repeated exactions of this kind from Mr John Monro, minister of Rogart, deprived of his office, and declared incapable thereof in all time coming, and fined in L. 10 Sterling; and the sentence, for the better publication thereof, ordained to be recorded in the books of sederunt, and an extract thereof to be transmitted to the Lyon, to be recorded in the Lyon-Court books, and published by him in the ordinary form.
The Lords have sometimes been in use, where messengers had committed such malversations as inferred deposition, to remit to the Lyon to depose them; but are now in use by their own sentence to declare them incapable, as was done in this case, and as they had before done in July last, in the case, Nimmo in Kilmarnock against M'Lesly and Henderson the messenger, (See Appendix); and wherein, in place of remitting to the Lyon to publish, they appointed their sentence to be published by the Sheriff of Edinburgh, and of the shire of Ayr, where the messenger lived, at the respective market-crosses.
Fol. Dic v. 1. p. 573. Kilkerran, (Messengers.) No 1. p. 344.
