Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. III.

Actions peculiar to the Court of Session.

Wilson
v.
The Town of Perth

Date: 26 January 1670
Case No. No 119.

The Lords advocated a cause, and found themselves the only judges competent, where magistrates of a burgh royal, which had a right of a sheriffship within itself, were pursued before the sheriff of the shire, upon a bond granted only as representing the town.

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In an advocation raised at the instance of the Magistrates against Wilson, of an action raised against them before the sheriff of Perth, upon this reason, that the sheriff was not a competent judge, the town being sheriffs within themselves; the Lords did advocate the cause, and found, that they themselves were only competent judges, seeing the magistrates were pursued, as representing the town, and not upon any personal obligation which might oblige them as private persons; notwithstanding it was alleged, that the sheriffship granted to the town, did not exempt the inhabitants from answering to the sheriff-court of the shire, when they were pursued by one that is not burgess, and if they were pursued before their own court, they would be both judge and party.

Fol. Dic. v. 1. p. 497. Gosford, MS. No 232. p. 93.