What understood to be a Spuilzie. - What Damages allowed.
L of Mertoun v. Town of Lauder
1594.
December. Case No. No. 8.
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The Laird of Mertoun, Halyburton, pursued the Bailies of Lauder for spuilzie of certain sacks of victual, and certain sums of money, extending to 500 or 600 marks, in the sacks' mouths. It was alleged by the defenders, not granting the quantity, that if any intromission they had with the said victual, it was by virtue of many acts of Parliament made against forestallers, and the particular acts of the burgh made conform thereto, in so far as this victual having presented the market, it was not sold that day, but was taken into a house by certain persons, who thereafter bought the same, who were common forestallers, and in prejudice of the market and hail burgh, had bought it betwixt the market days, to sell it dearer to the lieges of the burgh; for punishment of the which forestallers, they had intromitted with the said victual, and disponed one part to the poor, and another part to the common good, conform to the acts of Parliament and consuetude of the hail burghs. The Lords admitted the said exception to probation.
