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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patrick Graham and Others v Sir Robert Pollock. [1771] Hailes 431 (30 July 1771) URL: http://www.bailii.org/scot/cases/ScotCS/1771/Hailes010431-0225.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 CLERK OF SESSION.
Subject_3 Security of the Clerks of Session over papers produced in Process, for payment of their Fees.
Date: Patrick Graham and Others
v.
Sir Robert Pollock
30 July 1771 Click here to view a pdf copy of this documet : PDF Copy
[Facts in Supp. V., 416.]
Coalston. By the constitution of this Court the clerks have only dues of office, no salaries. Although processes are transacted, they have still right to dues. For this end they have two means, retention of the pieces, and a claim of payment against each party for one half. The claim is for trouble, and that claim lies, although no writings are produced to found an hypothec.
President. I doubt as to some of these principles: the hypothec is total. If one of the parties becomes bankrupt, are the clerks to have only one-half of their dues?
Gardenston. The demand is, that the clerks be ordained to give up the pieces. As there has been no extract taken, this cannot be done. Alemore. Till the price of extract is paid, the clerk must keep the pieces. Let the petitioners pay, and then bring an action against Sir Robert Pollock for his share of the expense, if such share is exigible by them from him.
On the 30th July 1771, “the Lords found the clerks entitled to retain the pieces, till a certificate of an extract is produced; and therefore refused the petition.”
Act. J. M'Laurin. Alt. Ilay Campbell.
The electronic version of the text was provided by the Scottish Council of Law Reporting
