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Scottish Court of Session Decisions >>
Brigs and Others v The Duke of Buccleugh. [1752] Mor 7547 (1 July 1752)
URL: http://www.bailii.org/scot/cases/ScotCS/1752/Mor1807547-266.html Cite as:
[1752] Mor 7547
Jurisdiction of Proprietors who are not the King's Vassals. - Jurisdiction of those who are infeft cum curiis.
Brigs and Others v. The Duke of Buccleugh
Date: 1 July 1752 Case No. No 266.
By an old act of Parliament, certain tolls were appointed to be levied by a bailie of regality. After that office was abolished, the Court appointed the baron bailie to levy the tolls.
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By act of parliament 1685, certain tolls were appointed to be levied at the two bridges of Dalkeith, and the power of levying them was granted to the bailie of the regality of Dalkeith, and his deputy, and their successors in office, for particular uses narrated in the act. The regality of Dalkeith having been taken away by the act of parliament 20th Geo. II. and the office of bailie of regality thereby abolished, Brigs and others, inhabitants of Dalkeith, prayed the Lords to appoint a factor for levying of the said tolls.
The Duke of Buccleugh, (to whose family the regality of Dalkeith belonged) opposed this, and pleaded, That the act by which the tolls were granted, empowered the bailie of regality of Dalkeith to levy and apply them; that his power naturally devolves to the baron bailie, as he is the only magistrate now remaining within the territory of Dalkeith, and derives his jurisdiction, as the bailie of regality did, from the proprietor of Dalkeith; and, separatim, if any doubt should arise as to this, it could only be removed by the Legislature itself.
“The Lords found the baron bailie of Dalkeith must come in place of the bailie of regality, for uplifting the tolls and customs mentioned in the petition, and therefore refused to sequestrate.”
Act. R. Dundas.Alt. R. Craigie.Clerk, Kirkpatrick.
Fol. Dic. v. 3. p. 353. Fac. Col. No 20. p. 41.
