Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of the Reporters for the Faculty.
Subject_2 HIGHWAYS.

Muirhead, &c
v.
Spottiswood of Dunnipace

Date: 23 November 1770

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Spottiswood of Dunnipace having, by authority of the Justices of Peace of the county of Stirling, instead of an old road, very bad and inconvenient in many respects, which he shut up, made and opened a new road, in which alteration the country not only acquiesced, but many of the heritors greatly approved :—In a reduction of this decreet and order of the Justices, as turning about the road more than 200 ells, and being ultra vires of the Justices, the Lords, (23d November 1770,) found, “ That, by the long acquiescence and repeated acts of homologation on the part of the pursuers, they are barred from the reduction ; therefore repelled the reasons of reduction, and assoilyied the defender, and found expenses due.”

See also the case of Archbishop of York, &c. against Haldane, in which the Lords pronounced a similar interlocutor.

In the case of Spottiswood, it was maintained, that kirk-roads do not fall under the jurisdiction of the justices. The proceedings of the Justices were known in the 1758. The reduction was brought 1767.