ROBERT THRESHIE v GEORGE HYSLOP (Court of Session)

The interest upon this bond was regularly paid, from 1810 to 1827. After that the interest ceased to be paid; and Mr Hyslop, considering the tolls on that branch of the road as inadequate for his security, raised an action before the Sheriff of Dumfriesshire against Mr Threshie, the treasurer, as representing the road trustees for the county of Dumfries, and also against the parties who signed the bond, concluding for payment of the principal sum in the bond, with the legal interest from 21 December 1827.

The Sheriff found, ‘that the pursuer, George Hyslop's security extends over the whole tolls of the fifth district of roads in said district, as described in the act 1809; and decerns against Mr Threshie, as treasurer of the trustees, for the principal sum and interest libelled, payable out of the tolls of the said district accordingly.’

The defender advocated , and the Lord Ordinary pronounced the following interlocutor and note:

‘The advocator, besides contesting this construction of the bond, maintains, that the bond, if bearing this construction, was beyond the powers of the committee, who, it is said, were authorised to pledge no more than the tolls leviable on the particular line on which the borrowed money was to be expended. But, if the respondent is right in his construction of the bond, it is too late to challenge the powers of the committee after the money has been received, applied to one of the purposes of the trust, and interest paid on it for nearly twenty years.’

Lord Fullerton, Ordinary. For Advocator, Dean of Fac. (Hope.) G. G. Bell. Wm. Stewart, W. S. Agent. Alt. Jameson, Christison. Thomas Johnston, S.S.C. Agent. B. Clerk.