Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BOROUGH ROYAL.
Subject_3 Powers of the Magistrates in increasing the dues paid by persons becoming Burgesses.

Alexander Duncan and Others
v.
The Magistrates and Town Council of Aberdeen

Date: 21 July 1786

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[Faculty Collection, IX. 443; Dict. 2002.]

Justice-Clerk. None of the grants make any mention of the quantum of the sums to be exacted from intrants. The question is, In what manner must this quantum be regulated? The fines or entries must be different in various boroughs, according to the benefit arising from the being entered. The Magistrates and Town-council may heighten or lower them, as there is no quantum fixed by the Sovereign. The Magistrates must have the power of fixing it in the first instance. At the same time, I do not mean that Magistrates may abuse their power by demanding too high entries to the exclusion of the king's lieges. There is no appearance here of any exorbitant imposition.

Monboddo. Here there is no tax imposed: I should doubt of the power of Magistrates to impose a tax, even with consent of the burgesses, though that was found in the decision 1678. The dues have been varied from time to time: they were diminished in 1699. It is reasonable to increase them now.

Hailes. It is fashionable to seek for grievances: here, however, none can be found. In 1699, the nation was exhausted by the Darien expedition and a succession of years of scarcity. It had neither money nor credit. The Magistrates and Town-council of Aberdeen very properly lowered the quantum of entry-money: now that things wear a very different appearance, they, With equal propriety, return to the more ancient practice, but still with moderation and on cause shown. I see not any new exaction.

Rockville. There is no dispute as to the right: the only question is as to the quantum.

Eskgrove. There is some proof of increase of entrant dues in other boroughs; but, what is more material, there is proof of such practice in this borough. I would not willingly increase the power of Magistrates beyond use and wont. There is a series of Acts to the purpose I am mentioning in the last century. L. 25 exacted in 1641, is double or treble of L. 25 in 1779. [This was said something at random.] The need that there is of an ample revenue is no reason for laying on any extraordinary burdens. But the value of the freedom of Aberdeen is greatly increased by the new harbour, and, consequently, the price of the purchase of that freedom ought to be increased.

Braxfield. The power of admitting burgesses is in the Magistrates. Fines have always been exacted: as Magistrates have the power of fixing them, they have that of altering them according to circumstances.

On the 21st July 1786, “The Lords repelled the reasons of reduction,” (unanimously.)

Act. R. Dundas. Alt. Ch. Hay.

Memorials Inner-house.