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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Town of Hamilton v Earl of Hyndford. [1741] 1 Elchies 215 (13 February 1741)
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Subject_1 JURISDICTION.
Town of Hamilton
v.
Earl of Hyndford
1741 ,Feb. 13 .
Case No.No. 22.
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The Lords found, that the Sheriff could not remove the Sheriff-Court from Hamilton to Rutherglen. My only difficulty was, whether the Sheriff had power over the prison and Court-House of the Regality? Arniston was clear, that in all cases the Sheriffs have such power, yea even over Barons prisons where there are such, and the other Lords seemed to be of the same opinion; and as 200 years possession is, at least in this case, a strong argument for his power in time coming, I was for the interlocutor.—9th December 1740.—13th February, The Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting