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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Potts and Others v The Trustees of the Turnpike Roads in the Shire of Roxburgh. [1774] Hailes 577 (28 June 1774)
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Cite as: [1774] Hailes 577
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[1774] Hailes 577
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 JURISDICTION - HIGHWAYS.
Date: Thomas Potts and Others
v.
The Trustees of the Turnpike Roads in the Shire of Roxburgh
28 June 1774 Click here to view a pdf copy of this documet : PDF Copy
This case depended chiefly on matters of fact. Some important questions however occurred in it, and received determination.
The Court was of opinion, that it had a jurisdiction to inquire whether the trustees had exceeded the powers committed to them by statute.
The Court was also of opinion, that any person who touched the turnpike road, was bound to pay toll; and that there was no legal difference between going in the road a yard, or a hundred yards, or a mile: that, in such case, the only remedy lay in the equitable power of composition intrusted with the commissioners.
Act. Ilay Campbell. Alt. H. Dundas. Reporter, Coalston.
The electronic version of the text was provided by the Scottish Council of Law Reporting