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M'Ghie and Others, v Magistrates and Town Council of Edinburgh. [1735] Mor 2501 (16 December 1735)
URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor0602501-008.html Cite as:
[1735] Mor 2501
How far a Community is bound by the Deeds of its Magistrates, or liable for their delicts.
M'Ghie and Others, v. Magistrates and Town Council of Edinburgh
Date: 16 December 1735 Case No. No 8.
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In a reduction of a tack of the town's impost duty, set by the magistrates or town council of Edinburgh, upon this ground, that it was for an undervalue without a public roup; the Lords found, that the magistrates were not obliged to set the tack by way of public roup; and found, that the tacksmen having taken the tack from the magistrates, who had power to set the same to them, the reasons of reduction were not relevant against them, and therefore repelled the same, and assoilzied the tacksmen; reserving to the pursuer to insist against the magistrates for mal-administration as accords.
