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The Towns of Glasgow and Dumbarton v Sir John Shaw of Greenock and Others. [1676] 3 Brn 113 (7 December 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn030113-0118.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION 1976.
The Towns of Glasgow and Dumbarton v. Sir John Shaw of Greenock and Others
Date: 7 December 1676
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The Lords this day advised the declarator pursued by the towns of Glasgow and Dumbarton against Sir John Shaw of Greenock, and other neighbouring gentlemen, and sustained it thus,—That none but royal burghs had power to import wine, brandy, salt, and other staple commodities, mentioned in the act of Parliament
in 1672; and repelled the defence founded on that act of Parliament, as to the salt and brandies not being included therein; and as if the burghs of regality and barony had liberty to import salt, because it conduces for the manufactory of fishes, and curing them; and found the importer incurred not the confiscation of his moveables, but only the thing imported was confiscated: and, within their own bounds, gave them power of seizure; and, elsewhere, gave them liberty to pursue the forefaulture of the goods, though they be sold.
Quærebatur—If the freeman of one burgh royal had liberty to trade in another, for then he might palliate unfreemen's goods. See King David's charter to the burghs of Scotland, in 1364. Vide supra, January, 1670, M. Mowat against Town of Lithgow, No. 106.
