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[1707] 4 Brn 673      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Subject_2 I sat in the Outer-House this week.

Pringle
v.
Thomas Reid

Date: 25 July 1707

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A complaint being given in by Pringle againt Thomas Reid, sheriff-clerk of Haddington, That, after he had received payment of a house-maill, he had assigned it to one Mackaulay, and charged in his name, though he disowned it; and put Pringle to suspend on this reason, That he had paid it to Reid, the cedent, and produced his discharge:—This appearing by the papers in process, though he exculpated himself by sun dry rigorous proceedings of Pringle's against him, and so ars deluditur arte; the Lords thought the fault greater in him, who was bred about the house. And some moving to deprive him of his office of sheriff-clerk, it was at last carried, That he should be fined in 200 merks, and go to prison till he paid it, and longer, during the Lords' pleasure, that it might terrify others from attempting such tricks again.

There was nothing modified to Pringle, because Reid had privately transacted with him, and taken off his interest; so what was done was for the vindication of public justice, or the vindicta publica only.

Vol. II. Page 387.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1707/Brn040673-0169.html