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Scottish Court of Session Decisions >>
Walter Buchanan and John Anderson, Tacksmen of the Milns of Glasgow, v The Magistrates thereof. [1694] 4 Brn 188 (11 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040188-0422.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Walter Buchanan and John Anderson, Tacksmen of the Milns of Glasgow, v. The Magistrates thereof
Date: 11 July 1694
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The reason of suspension was, They craved abatement, because there was a committee named by the town-council, to consider on their losses, and they had made a report that they deserved some ease.
The Lords found, that the report of a committee, not approven, was not probative; though some urged it might be produced before answer.
The next point put to the vote was, Whether it was a relevant exception against paying the whole tack-duty, that a contest arising between the magistrates and the maltmen, anent their obligation to go to the milns with malt bought within the thirlage, there was a great abstraction during that time, whereby they were losers.
The Lords considered, that setters of tacks were not bound to warrant against these eventual chances in fact, but they took them with their hazard. If the maltmen had prevailed, it would have afforded a ground, as being injure: but they having succumbed, they had a clear remedy against them, by pursuing them for abstracted multures. And, therefore, the Lords also repelled this allegeance; though some thought there might be oppression to exact the whole in such a case.
