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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Town of Kirkwall v Inhabitants of Stromness. [1744] 1 Elchies 96 (17 February 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010096-004.html Cite as: [1744] 1 Elchies 96 |
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[1744] 1 Elchies 96
Subject_1 COMMISSIONERS OF SUPPLY.
Town of Kirkwall
v.
Inhabitants of Stromness
1744 ,Feb. 17 .
Case No.No. 4.
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We found that the Town of Kirkwall could not tax the inhabitants of Stromness lying at 12 miles distance, and outwith their jurisdiction, for any part of the Cess of the Town, not even those who were Burgesses of the Town but did not trade in it. Vide 6th June.
The principal cause being determined against the Town of Kirkwall 17th February last, Balmerino found the Town liable in the expenses of extracting the decreet, which we this day altered, and found no expenses due because of the Towa's immemorial possession. And Arniston observed, that had he been here he would have differed from the interlocutor in causa on the supposition of immemorial possession, because of the terms of the articles of Union concerning the Cess.
The electronic version of the text was provided by the Scottish Council of Law Reporting