Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Craftsmen of Canongate
v.
heritors

1743. June.

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The burgh of the Canongate (which is a burgh of barony, holding of the town of Edinburgh,) has been in use, time out of mind, to pay part of the cess of the town of Edinburgh, notwithstanding they have not the benefit of the act of communication of trade, and are not entitled to any of the privileges of the town of Edinburgh. The origin of this custom is not known, but this was not the controversy here. Of this proportion of the cess of Edinburgh, the craftsmen and mechanics of the Canongate had been in use to pay a share with the heritors of houses ; this they thought a great hardship, considering that they had no privileges of trade, and therefore they brought a declarator of immunity, wherein they concluded against the heritors that they should be liable for the whole cess. But the Lords, in respect of the constant custom, time out of mind, presumed there had been some ancient contract or agreement betwixt the heritors and mechanics, and therefore assoilyied the defenders. Actores, James Balfour, Alexander Lockhart.