Scottish Court of Session Decisions

Subject_1 MESSENGER.

Alexander Ross
v.
The Sheriff-Clerk of Ross

1738, Nov. 3.
Case No. No. 1.

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In the reduction Monro against Ross, messenger, of a bill,—the Lords last Session assoilzied from the reduction, notwithstanding there appeared great imposition on Monro the Minister by the messenger, because it appeared by the proof that this bill was the effect of a transaction by the interposition of arbiters, and an abatement given; but because of the evidence of malversations by Ross, in his office of messenger, they ordered him to sist himself at their Bar this day, which he did; and being examined and heard by himself and his procurators, the Lords found that all messengers ought to be paid their fees and expense for execution, letters of horning' or caption, by the creditor employed, and not by any exactions from the debtor; and found that any messenger claiming, exacting, or taking from any person or persons under diligence, by horning or caption, any sums of money, or security for the same, under colours of fees or expenses, for executing or delaying of execution of any such diligence, or of going or coming to and from any place or places, in order to execution of such diligence, is unwarrantable, illegal, and oppressive, and opens a door to high and grievous exactions from ignorant, distressed, and indigent persons; and found the said Alexander Ross hath been guilty of gross malversation in exercise of his office as messenger, by taking security for and charging exorbitant sums from the said Mr John Monro, under colour of fees and expenses, and for pains in going and coming to and from certain places, in order to the execution of caption for small sums, where no caption was truly executed, and particularly, &c. and therefore they deprived him, the said Alexander Ross, of his office of messenger at arms, and declared him incapable thereof in all time coming, and fined and amerciated him in the sum of L.10 sterling, to be instantly paid into the hands of the clerk of Court, to be applied in such manner as the Lords should direct. And in respect of certain alleviations pleaded in behalf of the said Alexander Ross, they thought fit in this instance to proceed to no. higher punishment. And the Lords ordained this judgment, for the better publication thereof, as a caution to messengers in time coming, to be recorded in the books of sederunt, and an extract thereof to be transmitted from the clerk of this Court, to be recorded in the Lyon Court book, to be published by him in the ordinary form.