Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Magistrates of Stirling
v.
Walker

1752, Dec. 14.
Case No. No. 36.

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In a declarator at the Magistrates, instance against the Sheriff for declaring that they had the sole power in the first instance of judging in questions of building or repairing houses in that Burgh, and that the Sheriff and his successors ought not to judge in these matters, the Lords waved giving any general declarator, because they thought it hardly sufficient to call as defender a Sheriff whose commission was during pleasure, and that at least the Officers of State should have been called; but as the summons complained of the Sheriff's judging in a late question in repairing a house touching a servitude of stillicide, they found that he had done a wrong in judging in that question, for that the Magistrates and Dean of Guild were the proper judges in such matters in the first instance.