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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl Wigton v Bailies of Kirkintilloch. [1734] 1 Elchies 70 (7 December 1734)
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Cite as: [1734] 1 Elchies 70
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[1734] 1 Elchies 70
Subject_1 BURGH OF BARONY.
Earl Wigton
v.
Bailies of Kirkintilloch
1734 ,Dec ,7 .
Case No.No. 1.
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The Lords found the jurisdiction of the Bailies of the Town not exclusive of the jurisdiction of the ordinary Court of the Barony held by other Bailies appointed by the Baron.
The Lords adhered. My reason was, that the Bailiary was to the Baron's own head burgh, where he should hold his Courts and have his prison, and consequently his Baron Bailie must have jurisdiction there. I instanced the case of Sheriffs and Magistrates of Edinburgh, and in that point there is no difference betwixt jurisdictions given by the King and given by the subjects, as appears by the decision Lord Colvill against Town of Culross in 1666.* I also instanced the case of the Canongate, where the Town-Council chose their own Bailies, and the Regality and Baron Bailie sat jointly with them in all causes concerning the inhabitants of the Burgh.
* Dict. No. 6. p. 7296.
The electronic version of the text was provided by the Scottish Council of Law Reporting