Scottish Court of Session Decisions

Subject_1 TUTOR - CURATOR - PUPIL.

Sandilands
v.
Tailfer

Date: 17 November 1680
Case No. No. 201.

A tutor cannot state for his pupil's aliment more than actually expended, and not exceed the annual-rent of the stock.

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In auditing of the tutor accounts by Patrick Tailfer, tutor to William Sandilands, the tutor claiming £.328 yearly, for the pupil's aliment, it was alleged for the pupil, that the tutor could not spend more for his aliment than the annual-rent of his free stock, which was but 6,000 merks. It was answered, That the pupil was ordered to be sent to the school of Prestoun by the council, to be bred there; and produces a discharge of umquhile Mr. Patrick Cook, minister there, with whom he was boarded, of £.160 yearly for his boarding, so that his entertainment being more than the ordinary, he ought not to be loser of what he truly expended.

The Lords allowed no more for the aliment than what should be instructed truly expended, the same not exceeding the annual-rent of his free stock.

Stair, v. 2. p. 799.