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Scottish Court of Session Decisions >>
Blair v Gib. [1738] Mor 664 (12 January 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0200664-067.html Cite as:
[1738] Mor 664
Subject_1 ARBITRATION. Subject_2 Reduction of Decree-Arbitral.
Blair v. Gib
Date: 12 January 1738 Case No. No 67.
A decree-arbitral reduced, because the arbiters had, before giving it out, demanded, and obtained, from one of the parties, a see for their trouble, which they were decerned to repay to the clerk of process, to be applied to charitable uses.
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Arbiters, who by the submission had a power of prorogation, having signed their decreet-arbitral, refused to give the same out to the parties until they were paid for their labour and pains, and continued the submission current by prorogations, until this should be adjusted. One of the parties, who judged the decreet beneficial to him, paid the sum demanded, and got the decreet put into the register. In a reduction of the decreet by the other party concerned, the Lords found the reason of reduction relevant and proven, that the decreet-arbitral was obtained by bribery and corruption, and therefore reduced the same; and ordained the arbiters to pay into the clerk of process the sum received by them, to be bestowed on charitable uses.
