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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Burgesses of Irvine v Magistrates. [1752] 1 Elchies 82 (3 July 1752)
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Subject_1 BURGH ROYAL.
Burgesses of Irvine
v.
Magistrates
1752 ,July 3 .
Case No.No. 33.
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In mutual declarators touching the Magistrates' power to let long leases of a barren common muir, (in which the Magistrates made no objection to the pursuers titles,) the Lords thought that the 36th act Parl. 3, Jas. IV. never was intended to restrain Magistrates of Burghs from letting long leases, or even feuing out the lands or waste grounds; otherwise many wastes in the different Burghs must have remained yet waste, and many barren grounds uncultivated;—or if it was so intended, yet that part of the act is long since in desuetude; and therefore found, that these Magistrates had power to let leases and grant the feus quarrelled; but remitted to hear whether they were beneficial or prejudicial to the Burgh.
The electronic version of the text was provided by the Scottish Council of Law Reporting