Suburbs, tho' not subject to the town's jurisdiction, are liabe to quarter soldiers.
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It being ordinary to quarter part of the soldiers lying in the suburbs of Edinburgh upon the inhabitants of the Calton, they brought a declarator of their immunity therefrom, as being part of the shire no way subject to the town of Edinburgh, and therefore free in virtue of act 9, § 7. King W. whereby soldiers are ordained to be quartered in burghs royal, or of regality, or the most capable market towns within shires, neither of which the Calton is; and so, they pleaded, was decided in the case of the inhabitants of the Abbey-hill.
Answered, The design of the act was not to free the suburbs of towns lying immediately contiguous, and enjoying the advantages of the trade and markets of the town, as appears from the whole clause, which ends thus, “And that they shall not be quartered upon tenants in dispersed onsteads in the country;” and the Abbey-hill is a village not contiguous but lying at a competent distance from the town.
The Lords, 10th February 1744, Found that the inhabitants of the Calton were not exeemed from quartering.
This day, on a bill and answers, they adhered.
Act. Ch. Areskine.Alt. W. Grant.Clerk, Murray.
Fol. Dic. v. 3. p. 104. D. Falconer, v. 1. p. 93.
