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Scottish Court of Session Decisions >>
Thomas Rankeillar and Michael Geddy v The Magistrates of St. Andrews. [1693] 4 Brn 64 (8 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040064-0154.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Thomas Rankeillar and Michael Geddy v. The Magistrates of St Andrews.
Date: 8 February 1693
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Thomas Rankeillar and Michael Geddy, skippers in St. Andrews, against the Magistrates thereof. The Lords found the pursuers had sufficient interest to lift the money; but considered first if there was any necessary cause for calling for it at this time; and therefore ordained them to condescend why they did not think it sufficiently secured in the town of St. Andrews hands; and if they should uplift it, then ordained them to re-employ it again, and not to break the stock; but decerned them to get the bygone annualrents.
It was Pled in this cause,—That a society and incorporation could not subsist in fewer than three, and that here there were only two skippers; and so the corporation of the seamen of that town being dissolved, this sum either fell as caduciary to the fisk, or returned to the city within which the decayed incorporation had acquired that fund.
But the Lords did not regard this subtility, for the rest of the seamen there concurred with thir pursuers.
