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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackenzie v Magistrates of Dingwall [1834] CA 13_218 (19 December 1834) URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0218.html Cite as: [1834] CA 13_218 |
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Page: 218↓
Subject_Fishing—River—Interdict.—
Bill of suspension and interdict passed on caution, at the instance of an upper heritor against an inferior heritor, who was executing an operation on the bed of the river, which was alleged to be injurious to the upper heritor's fishings.
The Honourable Mrs Mackenzie, proprietrix of fishings in the river Conon, and her tacksman, Captain Munro, presented a bill of suspension and interdict, on caution, against operations by the Magistrates of Dingwall, proprietors of fishings at a lower part of the river. The operations affected the bed of the river. The Magistrates alleged, that these were harmless to the complainers, and within the powers of
_________________ Footnote _________________
*“ Note.—Although the parties differ with respect to its objects and probable effects, the fact of an operation on the bed of the river is admitted. This alone seems to require the continuance of the interdict, till the exact circumstances can be ascertained, especially as the complainers have found caution, and allege, that if the operation be allowed to proceed, the mischief may be irreparable.”
The Magistrates reclaimed.
The Court adhered.
Solicitors: J. Burness, S.S.C.— H. Macqueen, W.S.—Agents.
