Defender Andrew Miller purchased the office of Deputy Clerk to the Bills from the Principal Clerks, Sir Robert Anstruther and Thomas Smith. While arranging the purchase, he met with Anstruther’s agent, pursuer Charles Stewart, W.S., who proposed to advance Miller one half of the purchase price in return for two-fifths of the deputy clerk’s fees collected during Miller’s tenure. Unbeknownst to Miller, Stewart was transacting on behalf of an undisclosed principal later revealed to be the son of Sir Robert Anstruther. After Miller assumed his new office, the fee revenues dropped significantly and he was forced to borrow £250 from Charles Stewart. Subsequently, the court passed an act of sederunt allowing Miller to exact certain additional fees and apply them “to his use alone.” However, Miller failed to repay Stewart, who brought an action to recover the debt. In response, Miller presented a bill of suspension intended to try whether Mr. Stewart (or his principal) was entitled to 2/5 of the old fees, and whether he could claim any share of the new fees. The case documents contain information on fee revenues, activity levels in the Court of Session, and previous financial arrangements involving deputy clerks.
People involved
- Charles Stewart, W.S. — Pursuer
- Andrew Miller — Defender
- Allan Maconochie, Lord Meadowbank — Lord Ordinary
- William Finlayson — Named in case documents
- Sir Robert Anstruther, of Balcaskie, 3rd Baronet of Nova Scotia — Named in case documents
- Thomas Smith — Named in case documents
- John Campbell, W.S. — Named in case documents
- Charles Inglis Sr. — Named in case documents
- Charles Inglis Jr. — Named in case documents
- Laurence Inglis — Named in case documents
- Henry David Inglis — Named in case documents
- Robert Waddel — Named in case documents
- Robert Patullo — Named in case documents
- John Nicholson — Named in case documents
- N. Grant — Agent
- M. Clk. — Clerk
- Matthew Ross, of Candie — Advocate for Defender
- George Fergusson, of Hermand, Lord Hermand — Advocate for Defender
- Henry Erskine — Advocate for Pursuer
- David Monypenny, of Pitmilly — Named in case documents
- Charles Broun, Of Colstoun — Named in case documents
- Robert Anstruther, Esq. — Named in case documents
- Sir George Mackenzie, Earl of Cromartie, Viscount Tarbat, Lord Macleod and Castlehaven — Named in case documents
- John Wedderburn, of Blackness — Named in case documents
- Sir Thomas Stewart, of Blair and Balcaskie — Named in case documents
- John Mackenzie — Named in case documents
Places
Defender Andrew Miller purchased the office of Deputy Clerk to the Bills from the Principal Clerks, Sir Robert Anstruther and Thomas Smith. While arranging the purchase, he met with Anstruther’s agent, pursuer Charles Stewart, W.S., who proposed to advance Miller one half of the purchase price in return for two-fifths of the deputy clerk’s fees collected during Miller’s tenure. Unbeknownst to Miller, Stewart was transacting on behalf of an undisclosed principal later revealed to be the son of Sir Robert Anstruther.
After Miller assumed his new office, the fee revenues dropped significantly and he was forced to borrow £250 from Charles Stewart. Subsequently, the court passed an act of sederunt allowing Miller to exact certain additional fees and apply them “to his use alone.” However, Miller failed to repay Stewart, who brought an action to recover the debt. In response, Miller presented a bill of suspension intended to try whether Mr. Stewart (or his principal) was entitled to 2/5 of the old fees, and whether he could claim any share of the new fees. The case documents contain information on fee revenues, activity levels in the Court of Session, and previous financial arrangements involving deputy clerks.
