Scottish Court of Session Decisions

Alexander Grant, macer of the Court of Session, was employed by James Beveridge, W.S., to put a process-caption in force against the late William Guthrie, writer in Edinburgh. He alleged that he was deforced, and returned an execution of deforcement, upon which the Court granted warrant to incarcerate Guthrie till liberated in due course of law. Guthrie was incarcerated, and he raised an action against Beveridgo and Grant, and one of Grant's assistants, to reduce the execution of deforcement as false, and to obtain damages. The action proceeded until condescendence and answers were lodged, after which Guthrie died. Grant now presented a petition stating these circumstances, and that he had been put to an expense of £41, 6s. 5d. in defending against Guthrie, who had left no estate or representative: and he founded on 1 and 2 Geo. IV., c 38, § 13, by which it is enacted, that “whereas expenses arc occasionally incurred under the authority of the Court, in making up reports for the information, and by order of the houses of Parliament, as well as in other matters connected with the administration of justice, for the payment of which no fund has hitherto been provided, be it enacted, that the nett amount of all such charges shall, from time to time, be paid on the order of the Barons of Exchequer, on an account of the same being presented to them, certified under the signature of the Lord President of the College of Justice, out of the moneys charged by certain acts made in the 7th and 10th years of the reign of her Majesty, Queen Anne, with the fees, salaries, and other charges allowed, or to be allowed, for keeping up the Courts of Session, Justiciary, and Exchequer.”

He therefore prayed the Court to find him entitled to be relieved out of the fund in question, and allowed the amount of his expenses, as they had been incurred in defending himself against an improper charge made against him, for having faithfully discharged his duty in executing the warrants of the Court.