GEORGE IRVINE and MARGARET SHEPHERD v DUNCAN M'LAREN (Court of Session)

The late Mr Shepherd, schoolmaster of the parish of Alva, the husband of one of the suspenders, was a contributor to this fund in the third class; and his widow was thereby entitled to an annuity of L.15 after his death.

The charger, M'Laren, being a creditor of Mrs Shepherd, used arrestments in the hands of the other suspender, Irvine, and thereby attached the two years annuity due to Mrs Shepherd on the 1st September 1821 and 1st September 1822. Other arrestments were laid on by other creditors; and a multiple-poinding was raised before the Sheriff of Stirlingshire, in the name of Mr Irvine, in which M'Laren was preferred to the fund in medio , to the extent of his debt.

M'Laren than gave a charge both to Irvine and Mrs Shepherd upon his decree; and bills of suspension were presented for both parties, which were passed for the purpose of trying the question, whether the interest of Mrs Shepherd in this fund was arrestable.

The only other class of annuities which are exempted from the ordinary liability for debts, are those where the public interest is concerned, by having a right in return to the services of the annuitants. This is the case with officer's half-pay and other alimentary pensions given to public servants. It is evident that the present case does not fall under any of those exceptions, and, therefore, the diligence must be competent.

Lord Justice-Clerk .—I am rather of a different opinion. I am quite aware of the discrepancy between this statute and that which establishes the fund for the widows of ministers; but I, nevertheless, must look at the object of the legislature, which is much the same in both. The statute imposes a compulsory contribution on all schoolmasters, which, in my opinion, makes this a very different case from that of a voluntary provision by an individual.