Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Subject_2 MESSENGER.

Wood and Mason
v.
Skene

Date: 20 December 1776

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A messenger having received from a debtor, whom he had apprehended, payment of ten shillings, as the fees of another messenger, who was his employer and doer for the creditors; the Lords found the same an undue and illegal exaction; although, in fact, the debtor granted bill for the ten shillings without objection, and that the fees exacted were not exorbitant nor more than ought. They considered the Act of Sederunt, 4th November 1738, as a most salutary and beneficial regulation, and highly proper to be kept in strict observance to bar every door against oppressions of this kind. It was proposed to have enforced this in the late regulations as to messengers, but it was struck out as unnecessary : reported by the committee to be already provided for by common law and Acts of Sederunt. At first the Lords talked of depriving the messenger, at least of suspending him. At last, however, they pronounced this interlocutor:—20th December 1776, “ Find that the respondent acted illegally and unwarrantably; and therefore find him liable in the expense of this complaint, which modify to ₤3, and for the expense of extract. And, in respect it does not appear that the respondent meant to act fraudulently or oppressively, proceed to no further censure, and appoint a copy of this judgment to be transmitted to the Lyon-Court, in order that the same may be notified to the messengers, to deter others from committing the like illegal practices in time coming.”