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Scottish Court of Session Decisions >>
Napier v Lord Elphingston. [1746] Mor 13434 (16 November 1746)
URL: http://www.bailii.org/scot/cases/ScotCS/1746/Mor3113434-041.html Cite as:
[1746] Mor 13434
Recompence claimed by a Surgeon. - Tutor. - Sheriff-substitute. - Commissioner for taking Oaths. - Political Agent. - Recompense claimed from a Trustee.
Napier v. Lord Elphingston
Date: 16 November 1746 Case No. No 41.
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It was found, That the commissioners appointed to take proofs, were not entitled to a recompense for their trouble; on this ground, that it might be mali exempli to allow commissioners, who dictate the depositions of the witnesses to take money from one of the parties. But the clerk was found entitled to a gratuity, to be paid by the party whose proof it is. It is observed in the same case, that the Court had decided, that arbiters were not de jure entitled to any recompense.
