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Scottish Court of Session Decisions >>
Magistrates of the Canongate v Keepers of the Hackney-Coaches. [1727] Mor 10908 (18 February 1727)
URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor2610908-154.html Cite as:
[1727] Mor 10908
What Title requisite in the Positive Prescription.
Subject_3 SECT. XI.
What Title requisite to the Prescription of annual Duties and Prestations?
Magistrates of the Canongate v. Keepers of the Hackney-Coaches
Date: 18 February 1727 Case No. No 154.
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In the 1669, after hackney-coaches came to be used, the Magistrates of the Canongate made an act, exacting the sum of ten merks for each hackney-coach employed in the burgh, in satisfaction of the damages done to the cause-ways. This exaction was continued, without challenge, beyond the long prescription, till at last it came to be disputed in a suspension at the instance of the hackney-coachmen; who pleaded, 1mo, That the act of Council, imposing the toll, was ultra vires, against the public law, and length of time could not give it force; 2do, The keepers of the hackney-coaches are not incorporated; and the deed of one cannot hurt another.—The Lords found, that, in regard the payment of duty of causeway-mail upon the hackney-coaches, since the act of the Council and Magistrates of the Canongate, in the 1669, was acknowledged by the keepers of hackney-coaches, the Magistrates have right to exact that duty, conform to the said act.—see Appendix.
Fol. Dic. v. 2. p. 109.
*** See, relative to prescription of a right of Constabulary, 18th July 1676, E. of Kinghorn against Town of Forfar, voce Public Officer.
See Hatton against Dundee No 83. p. 10272.; voce Personal and Real.
