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Malcom Henderson v James Baynes and Others. [1679] 3 Brn 278 (28 January 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030278-0349.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Malcom Henderson v. James Baynes and Others
Date: 28 January 1679
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Malcom Henderson having charged James Baynes, wright, and Others, for payment of the dues for their timber that stood in the Timber-house at Leith, whereof he was collector, and whereof there was a printed table, and two Acts of the Town Council of Edinburgh:
This being suspended, and their reasons reported to the Lords, they found that the suspenders are only liable in once payment of their dues by the first proclamation; but find that, after the second proclamation, which was in November 1677 they are liable in payment of their dues yearly. And repel the allegeance, that they had timber stolen out of the house, unless the suspenders will offer to prove that the charger, at the time of their putting in their timber to be kept in the house, granted receipt thereof, or that the timber was taken out with his knowledge; albeit the house was not then inclosed with a dike, as it is now.
