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Subject_1 BURGH ROYAL.
Date: Magistrates of Stirling
v.
Mr David Walker, Sheriff of Stirling.
14 December 1752
Case No.No. 36.
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In a declarator at the instance of the Magistrates of Stirling against the Sheriff, the Lords found that he had done wrong in taking on him to judge in a question of a servitude of stillicide within the Burgh, which they thought was competent in the first instance only to the Dean of Guild; but they waved to give a general declarator as the summons demanded, because no other party but the Sheriff was called, whose commission was during pleasure, and that at least the Officers of State should have been called. (See Dict. No. 302. p. 7584.)
The electronic version of the text was provided by the Scottish Council of Law Reporting