Scottish Court of Session Decisions

Subject_1 FORFEITURE.
Subject_2 SECT. XI.

Act 20th Geo. II. Cap. 41.

M'Leod
v.
Allan

Date: 27 February 1757
Case No. No 78.

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A creditor to a person whose estate was forfeited, entered his claim in terms of the vesting act, which was sustained to the extent of the principal and interest, but not for his expenses, for which the Crown is not liable. The creditor brought an action for his expenses against a person who was cautioner in the bond for the forfeiting person; to which it was objected, That the vesting act, which declares that the Crown is not liable in expenses, must of consequence imply, that he the cautioner cannot be liable, otherwise he must have relief against the Crown, which would defeat the enactment of the statute, and in effect make the Crown liable in the expenses.——The Lords found the cautioner liable.

Fol. Dic. v. 3. p. 237. Fac. Col.

*** See This case, No 30. p. 2101.