What Title requisite in the Positive Prescription.
Subject_3 SECT. XI.
What Title requisite to the Prescription of annual Duties and Prestations?
Town of Perth v. Weavers of the Bridge-End of Perth
Date: 21 July 1669 Case No. No 148.
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The act 156th, Parl. 1592, entituled, “The exercise of crafts within suburbs adjacent to burghs, forbidden,” does not extend to suburbs which are within a regality or barony; yet a royal-burgh having been in immemorial custom of levying a duty from craftsmen, exercising their trade in a suburb within a barony, insisted they had a right to continue the exaction by the positive prescription. Answered, The craftsmen were no incorporation, and the duty paid by any of them could hurt none but themselves; which the Lords sustained, and decerned only against those who had been in use of payment.
Fol. Dic. v. 2. p. 109. Stair. Gosford.
*** This case is No 52. p. 1905. voce Burgh Royal.
