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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ure v Stewart. [1747] 1 Elchies 388 (25 June 1747)
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Cite as: [1747] 1 Elchies 388
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[1747] 1 Elchies 388
Subject_1 PUBLIC POLICE.
Ure
v.
Stewart
1747 ,June 25 .
Case No.No. 7.
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A question occurred, Whether the Judge Ordinary upon the act of Parliament cancast about private roads as well as highways 200 yards? I thought he could. Arniston seemed of the same opinion. The President though it included in the act. But we had no occasion to determine it, because supposing the way a highway, the Justices exceeded the statute, and had cast it about 240 yards; and the parties made a bargain at the Bar to allow the old foot road to continue for people on foot and burials; and as the pursuer restricted his reduction and declarator to that single conclusion, we could go no farther in our judgment. Arniston thought we could not authorise any agreement to exclude the lieges, but then we could not compel the party to insist further than he pleased, and so we declared accordingly.
The electronic version of the text was provided by the Scottish Council of Law Reporting