Scottish Court of Session Decisions

Subject_1 MEMBER OF PARLIAMENT.

Election of Dumfriesshire

Date: 10 February 1741
Case No. No. 4.

Click here to view a pdf copy of this documet : PDF Copy

Found that the Privy Council had no power to dismember shires, nor had they properly done it in this case, and therefore repelled the objection, that the five parishes of Eskdale were annexed to Roxburgh, 26th November 1746, vide unprinted acts 1672, act 8th. 2do, Refused even on consent of parties to determine objections that had not been made at the Michaelmas meeting, notwithstanding that meeting's resolution not to receive objections but upon alterations since the former meeting. 3tio, Found a charter by a subject superior in on which a late retour proceeded in 1737 bearing the old extent, sufficient evidence of it. 4to, They found new purchasers infeft, though not year and day, might be enrolled. 5to, Found that charters in 1631 and 1681 in Church lands expressing the old extent, were no sufficient evidence of that extent, or that they were extended;—but stopped upon a bill. (See Notes.)