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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archibald Campbell v John Elies of Elieston. [1685] 3 Brn 555 (24 March 1685) URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030555-0836.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date:24 March 1685 Archibald Campbell
v.
John Elies of Elieston
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Mr John Elies of Elieston having been charged by Mr Archibald Campbell of Kilpont, for L.10 Scots yearly since 1669, (when the militia was established,) for his proportion of a militia horse, whereof Kilpont was the leader and out-putter, and Elieston a contributor, conform to an Act of the Commissioners of the Militia; Elieston, for himself and tenants, having procured a suspension thereof upon compensation, &c.—Kilpont gave in a bill, showing that such charges could not be suspended, nor compensation obtruded against it; for that were to retard and disappoint the king's service; and that the Acts of Parliament 1669 and 1672 ordained all such cases to be discussed by the commissioners of the militia.
The Lords, on Redford's report, recalled and annulled the suspension; and remitted the case to the commissioners of the militia in Linlithgowshire.
The electronic version of the text was provided by the Scottish Council of Law Reporting