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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wilson v Macdonald. [1777] 5 Brn 503 (21 February 1777)
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Cite as: [1777] 5 Brn 503
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[1777] 5 Brn 503
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 LAWBURROWS.
Date: Wilson
v.
Macdonald
21 February 1777 Click here to view a pdf copy of this documet : PDF Copy
.
Where a person is charged with lawburrows—his remedy is, to find caution that the complainer shall be harmless, or to suspend : this last, if the days are elapsed, is his only remedy. This suspension cannot be discussed as a suspension ; it fulfils the charge, which is to find caution that the other party shall be
harmless. If, however, the suspender contravenes, the charger's remedy is by a process of contravention, which falls to be discussed like any other ordinary action. This seems to be Dallas's opinion, Stiles, p. 450; for which this additional reason may be given,—That contravention of lawburrows must be pursued with concurrence of his Majesty's advocate. This point occurred, 21st February 1777, before Lord Justice-Clerk as Ordinary, Wilson against Macdonald. It is still sub judice. The above doctrine applies well as to the charger; but, if the suspender wants to get his cautioner liberated, and the suspension at an end, what method can he follow other than this, to get the suspension discussed and the letters suspended simpliciter ?
The electronic version of the text was provided by the Scottish Council of Law Reporting