You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
The Town of North-Berwick v Sir John Nisbet of Dirleton. [1681] 3 Brn 406 (22 June 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030406-0569.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Town of North-Berwick v. Sir John Nisbet of Dirleton
Date: 22 June 1681
Click here to view a pdf copy of this documet : PDF Copy
The Town of North-Berwick having charged Sir John Nisbet of Dirleton for his proportion of their cess for his heritage within their burgh; he suspends, 1mo, He was a Lord of the Session a part of the time, and so free. Answered,—The Lords had of consent obliged themselves to bear a part, and in so far had dispensed with their privilege.
2do, That his houses in their town were only girnels for keeping his victual, and at shipping of it they got the anchorage and shore dues; and he was neither a burgess nor residenter; and he receiving no rent for them, they ought to bear no burden. Answered,—Ratione rei he was liable whatever use he made of them.
The Lords found he ought to pay for his girnels.
Then he alleged, the quota was exorbitant, and not proven. Pitmedden ordained the stent rolls of the whole burgh to be produced, that, after comparing his share and interest with the other neighbours, it might appear if he was overvalued, yea or not.
