Colonel Straton v. The Magistrates and Town-Council of Montrose
Date: 28 January 1743 Case No. No 3.
No action lies on the statute George I. entitled an act for preventing tumults, &c. for forcibly carryingaway grain or goods out of any house.
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In the year 1741, a great many of the inhabitants of Montrose, having broke into some girnels belonging to Golonel Straton within the said town, and taken a considerable quantity of meal therefrom, he brought an action on the statute George I. wherein he called the Magistrates and Town-council, as representing the community, and concluded against them as such for damages.
It was pleaded for the defenders, That no action was granted by the statute against them as representing the community; for that, according to the directions thereof, the conclusion ought to have been against the burgh, that is, the inhabitants thereof, who are made liable to make up the damages out of their own pockets; but that the community were not made liable to make up the same out of their common good. 2dly, No action lay on the statute for any damage sustained by the pursuer, through any part of the grain's being abstracted or damnified, the damage awarded by the act relating only to such as are sustained upon houses or fabrics being demolished, or attempted to be demolished, but did not reach to the damage sustained upon the goods that might be within the said houses.
The Lords sustained the objection to the pursuer's libel, with respect to the conclusion against the Magistrates; but, upon a reclaiming petition and anwers, they repelled the objection; and likewise found no action lay on the statute for damage arising for carrying off grain or other goods out of any house or out-house, but only for the damage done by pulling down such house, &c.
