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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Magistrates of Pittenweem v Cleland. [1752] 1 Elchies 82 (10 July 1752) URL: http://www.bailii.org/scot/cases/ScotCS/1752/Elchies010082-035.html |
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Subject_1 BURGH ROYAL.
Magistrates of Pittenweem
v.
Cleland
1752 ,July 10 .
Case No.No. 35.
Click here to view a pdf copy of this documet : PDF Copy
A bill and bond of relief being granted pursuant to an act of the Town-Council in February 1743 and April 1747, and in 1749 in July a bill of suspension passed in favours
of the subscribers, and also of the then present Magistrates, (against whom horning and caption had been taken out) on consigning a disposition of the Town's funds. Drummore, 31st January 1751, found the letters orderly proceeded,—and on a reclaiming petition and answers we 10th July 1752 adhered. The answers indeed add these words to the interlocutor, “against the present Magistrates,” whereby I suppose is meant the Magistrates for the time being; for the Magistrates were not only changed between the letters of horning and caption in July 1749, and Drummore's interlocutor in January 1751, but also between his interlocutor and ours; and yet the reclaiming petition seems to import that they were all found liable; and if they were not, then suppose Magistrates imprisoned for a Town's debt, they behoved to be liberated how soon they were out of office. But the case was not at all distinctly stated.
The electronic version of the text was provided by the Scottish Council of Law Reporting
