Scottish Court of Session Decisions

Subject_Burgh—Jurisdiction.—
Facts:

This was a suspension by John Black, spirit-dealer, Johnston Street, North Leith, of a charge for payment of impost on liquors, &c. at the instance of Drummond and Company, tacksmen of the imposts and customs upon liquors imported into the city of Edinburgh, &c. proceeding on a decreet said to have been obtained against Black before the Bailies of Canongate; the grounds of suspension being, 1st, That in consequence of the alteration of boundaries introduced by the provisions of the Parliamentary and municipal reform acts, the Magistrates of Canongate had no jurisdiction over the complainer; and 2dly, That the sum charged for was not due.

Answers having been lodged, the Lord Ordinary, “in respect there is no evidence that the complainer submitted himself to, and agreed to prorogate the jurisdiction of the Bailies of Canongate, to which it appears at least doubtful if he would otherwise have been subject,” passed the bill.

The chargers having reclaimed,