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[1694] 4 Brn 118      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

The Magistrates of Edinburgh
v.
Mr John Duncan, Merchant

Date: 9 January 1694

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Philliphaugh reported the Magistrates of Edinburgh against Mr John Duncan, merchant, and tacksman of the customs on the wine; who craved an abatement, because of the supervenient law taking it away, and the sterility of the subject, which, by several accidents, had failed. The Lords, observing a clause in his tack, that, in the first place, the Town-council should be judges to him, they remitted him to apply to the Magistrates, (though he had taken an instrument against them already renouncing the tack, and offering to count for his intromissions as collector;) but resolved, if they did not settle, to take the cognizance of it to themselves.

Vol. I. Page 589.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040118-0272.html