Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Town of Perth
v.
Clunie, &c

1752, July 7, 8.
Case No. No. 34.

Click here to view a pdf copy of this documet : PDF Copy

Alexander Clunie and others having erected a brewery and distillery in the neighbourhood of Perth were in use of selling their ale to the inhabitants. Thereupon the Magistrates and Council made an act against the importation of such brewed ale under the penalty of L.5 for the first transgression, and the ale to be scized and confiscated, &c. Upon the first importation by Clunie they seized the ale, and the Procurator-Fiscal sued for the penalties, which the defenders advocated. The pursuers founded their powers to make the act, upon the act 154, Parl. 1592 against the exercise of Crafts in suburbs, and act 18, Parl. 1595 for settling hostellaries, and 3tio, that Barons infeft cum brueriis can prohibit the importation of ale into their Burghs. The case was reported by Kilkerran; and the Lords unanimously found, that they had no power to make any such act, that it did not fall under either of the acts, and that Magistrates of Burghs Royal, though they have greater jurisdiction, they have no such privileges within the Burgh, as Barons infeft cum brueriis have within their own property or Barony.