Click here to view a pdf copy of this documet : PDF Copy
Mr Nasmyth having had some young trees destroyed in the neighbourhood of a village called the Water of Leith, insisted in a process against the Inhabitants, founding upon an act, 1mo Georgii, entituled,“ An act for encouraging of planting,’ which provides, ‘ That the inhabitants of such parish, ville, or hamlet, where trees are destroyed, shall be liable for the damages; the Lords found it relevant to make the defenders, inhabitants of the Water of Leith, liable in solidum, without relief from the rest of the parish, that the pursuer's tenement lies within, or is a part of the ville, or hamlet, called the Water of Leith; but found, That before execution against the persons liable, competent time ought to be allowed for the defenders to meet, and stent themselves for making up the pursuer's damages, and for proportioning relief to such as shall be obliged to pay more than their share. And if the pursuer's tenement be not comprehended in the Water of Leith, in that case also the defenders were found liable in solidum, but with relief against the inhabitants of the whole parish, allowing them time, before execution, to meet and proportion the said relief amongst themselves. See Appendix.
