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Scottish Court of Session Decisions >>
Laurence Rentoul v Nathaniel Fife and John White. [1696] 4 Brn 317 (29 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040317-0681.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Laurence Rentoul v. Nathaniel Fife and John White
Date: 29 February 1696
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Laurence Rentoul having been fined in 300 merks by Mr Nathaniel Fife, sheriff-depute of Perth, and John White, his procurator-fiscal, in the late times, for conventicles and other church irregularities; he pursues them on the new Act of Parliament, for repetition. Alleged for the fiscal, That though he granted the receipt of the money, conform to the discharge produced, yet the decreet bore expressly, to pay it in to the fiscal, for the use and behoof of the sheriff-depute: whereupon the Lords assoilyied him. Alleged for Mr Nathaniel, That he denies he ever received it, or, if he did, he counted for it to the Exchequer.
The Lords thought his own decreet did bind the receipt on him; and it not being the fine of an heritor, but a tenant, he was not countable to the Exchequer for it, but it belonged wholly to himself, by the Act of Parliament I672; and therefore they decerned against him, reserving his relief against his fiscal, or any who shared in it, as he should instruct the same, as accords of the law.
