Scottish Court of Session Decisions

Duke of Roxburgh
v.
Town of Kelso

Date: 28 November 1753
Case No. No. 8.

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

The Merchant-Company, and five crafts in Kelso, were found to be Incorporations, by acting as such for upwards of 150 years, with the knowledge and consent of the Earls of Roxburgh, the Barons, though they could produce no seals of cause, but acts regulating their several crafts with the Barons consent; but in respect of a power reserved in these regulations to the Barons to review and alter them, therefore found them subject to such regulations as the Duke or his Bailie should make, touching the government of the Corporations or trial and admission of entries, the same being always for the weil of the Corporations and Burgh. 2do, Found the Duke bound to apply to the policy of the Burgh certain customs given him to be applied to that use by his charters in 1614 and 1634, though that use was not mentioned in any of his charters since that time; but found that part of these customs, which had always been given to his Baillie, was a proper application. Stopt by a reclaiming bill. (See the ultimate result, Dict. No. 6. p. 1860.)

See Heritors and Burgesses of Musselburgh against Magistrates, 30th June 1752, voce Burgh Royal. (Dict, p. 2521.)

See Laing against Magistrates of Selkirk, 2d December 1747, voce Burgh Royal. (Dict. No. 21. p. 2515.)

See Creditors of Menzies, 10th January 1739, voce Arrestment. (Dict. p. 2537.)