Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.

Adam Drummond of Meginsh
v.
The Clerk of the Bills

Date: 28 February 1699

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Adam Drummond of Meginsh gave in a bill, complaining, That, though he was assigned by Sir T. S. of B. to a bond of 2000 merks, granted to him by Sir J. M. of D. and was seeking a horning on the regístrate bond, yet the Clerk of the Bills had refused it, in regard Sir J. M. the debtor, had obtained a decreet of reduction of the said bond; which he produced by way of instrument.

The case was:—Sir T. S. being in straits, prevailed with the said Sir J. to give him a bond to support his credit; and, to secure him, he gave him a bond for the equivalent sum, to afford a ground of compensation; and, being put at by Gairntully, he assigns this bond to him, who transfers it to Meginsh; but, before intimation, Sir J, finding himself over-reached, obtains a reduction of the bond.

The Lords thought the Clerk of the Bills was not judge whether horning should go out or not; but referred the consideration of the case to the Ordinary upon the Bills. The Lords thought he might suspend when he was charged. Others said, Why should he be at the expense and trouble of a cautioner when he is already assoilyied: And, in such case, it should be pursued via ordinaria. Auri sacra fames quid non mortalia pectora cogis?