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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Town of Glasgow v The Town of Dumbartoun. [1666] 1 Brn 491 (00 February 1666) URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn010491-1308.html Cite as: [1666] 1 Brn 491 |
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[1666] 1 Brn 491
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN GILMOUR OF CRAIGMILLER.
The Town of Glasgow
v.
The Town of Dumbartoun
1666 .February .Click here to view a pdf copy of this documet : PDF Copy
In the mutual process betwixt the town of Glasgow and the town of Dumbartoun, wherein there had been a very long debate;—the Lords found, That the charter granted by King James VI. to the town of Dumbartoun, anno 1609, containing many particular customs, of all ships arriving on the water of Clyde, and, namely, within the stations of Portrige, Inchgreen, and New-work, could not prejudge the town nor burgesses of Glasgow, being a free burgh royal; and the river beingfiumen publicum, where, upon the naked account of passing up and down, anchoring, or transporting their goods out of their ships, by boats, to Glasgow, no such dues ought to be exacted to their prejudice, and are only to be exacted in harbours, ad sustinenda onera of the harbour. And, although Dumbarton has been in possession, ever since, of most of the dues, yet the Lords found their possession, from time to time interrupted, via fiacti, and via juris also.
No 185, Page 134.
The electronic version of the text was provided by the Scottish Council of Law Reporting