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Scottish Court of Session Decisions >>
Adam Cunningham, Macer, v His Creditors. [1681] 3 Brn 393 (00 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030393-0545.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Adam Cunningham, Macer, v. His Creditors
1681.
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January 14 .—On a petition given in by Adam Cunningham, macer; the Lords loosed arrestments laid on against him, by virtue of registrate bonds and decreets, because they were standing suspended, though, regulariter and without a suspension, such arrestments are not loosable upon caution; but superseded to determine whether his casual salary of his share of the half crowns due to him for decreets, &c. as one of the macers, was of the nature of an aliment, or might be subject to arrestments; seeing, by the Act of Sederunt, 27th February 1662, the Lords' salaries are declared not arrestable, and their privileges as corpus aggregatum communicatively are derived to all the members, and to their servants who attend them, though only the Lords be expressed in the Act; and Bronchorstius, ad l. 68, D. de R. I. says, privileges granted to a College and University extendantur etiam ad eorum nuntios et bedellos. See this decided 9th February 1681.
Vol. I. Page 126.
February 9.—The case between Adam Cunningham and his creditors, arresters, (14th January 1681,) being reported, the Lords found the macers' dues arrestable, and allow and appoint the keeper of the minute-book (who collects their half crowns for acts and decreets,) to count with the macers three times a-year, viz. the 1st of January, the 1st of March, and the 1st of August; and that the said keeper shall not be obliged to depone what is in his hands betwixt terms; but the arrester, according to his diligence, shall be preferred for the current term.
