Whether a tradesman's sign-board may be affixed to the wall of another person's house? See No 23. p. 13182.
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Murdoch, a baker in the town of Nairn, having, as had been sometimes done by others formerly, affixed his sign-board to the wall of a house, situated over the entry to a public lane, in which his bakehouse stood, and possessed by Dunbar; the latter, displeased at the circumstance, without obtaining any public authority, took it down, and carried it into his own house. The Magistrates, in consequence of a complaint against him preferred by Murdoch, besides ordering him to re-place the sign-board on the wall, imposed a fine of 20s. on him for the use of the public, and another of the same amount for that of the private party.
Of this judgment Dunbar presented a bill of suspension, which was refused by the Lord Ordinary on the bills.
Dunbar reclaimed to the Court; who, on advising his petition with answers, adhered to the Lord Ordinary's judgment; and a second reclaiming petition for him was refused without answers.
Lord Ordinary, Monboddo.For Dunbar, Henry Erskine.Alt. Elphinston.
Fol. Dic. v. 4. p. 200. Fac. Col. No 101. p. 160.
