Scottish Court of Session Decisions

Subject_1 COMMUNITY.

Duke of Roxburgh
v.
Town of Kelso

1753, Nov. 16, 28.
Case No. No. 6.

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The Lords found that the Merchants of Kelso and five Crafts were Corporations, having perpetual succession, though they could not produce any seals of cause, but produced sundry acts and regulations, made some with consent of the Earl of Roxburgh the Baron, and some with consent of his Bailie, but all of them reserved power to the Earl and his successors to alter these acts or annul them, or to make others:—Therefore the Lords found them subject to such regulations as the Duke or his successors, Barons, or their Bailies, should make, touching the government of the Corporations, or trial or admission of entrants, the same being always for the weil of the Corporations and of the Burgh. 2do, Found the Duke obliged to apply the customs of two annual fairs and a weekly market to the good of the Burgh by his charter 1614 and 1634. But found that the customs called the spoon and laddie (about 200 merks yearly value) because commonly given to his Baron Bailie, that that was a proper application. 3tio, Found that immemorial possession of drying skins and washing and drying linen on an island of gravel stones in the Tweed, was sufficient to give the inhabitants a right to continue that possession.