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Scottish Court of Session Decisions >>
The Duke of Douglas v The Creditors of Spot. [1708] Mor 3518 (27 July 1708)
URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor0903518-056.html Cite as:
[1708] Mor 3518
Chamberlain of the crown-rents not exonered from being liable for rests due by the vassals or tenants, by instructing diligence done for the same; the Treasury and Exchequer not being in use to take rests off the hands of the Chamberlains, Sheriffs, &c. who are bound to fit their æques yearly in Exchequer, and get letters of relief against debtors.
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The Duke of Douglas having a gift of L. 400 Sterling yearly, containing an allocation upon the heritable chamberlain of the Lordship of Dunbar; and having got the backbond granted to the Exchequer by Lord Alexander Hay, donatar of the escheat of ———Douglas of Spot, who is heritable chamberlain, burdened therewith, his Grace applied to the Lords for an order to the donatar to pay him the sum of L. 7546: 7: 1d, due by Spot as chamberlain: Which the Creditors of Spot contended should not be granted; in respect, they offered to prove that a great part of the money is yet resting by the feuars and others liable in payment; and such rests were always sustained as a valid article of discharge in a chamberlain's accounts, when he instructs diligence done therefor.
Alleged for the Duke; The Treasury and Exchequer were never in use to take rests off the hands of the Queen's Chamberlains, Sheriffs, Stewarts, or Bailies, who were bound to fit their æques yearly in Exchequer, and to get letters of relief against debtors. And albeit Sheriffs, who have no fee, are in a more favourable case than chamberlains who have one; yet the former are not only bound to fit an æque for the time they officiate, but also for all preceding their entry from the last fitted æque.
Answered for the Creditors of Spot; The Queen's Chamberlains are not in the case of Sheriffs, who, upon giving infeftment, get payment, and are secure in all events by the clause capiendo securitatem.
The Lords found, That diligence did not exoner the Chamberlains of the Crown rents, from answering and being liable for rests due by the vassals or tenants.
