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Scottish Court of Session Decisions >>
The Provost and Bailes of Renfrew v Porterfeild of that Ilk [1670] 2 Brn 486 (5 July 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020486-0811.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Provost and Bailes of Renfrew v. Porterfeild of that Ilk
Date: 5 July 1670
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This is a reduction by this town, of a decreet arbitral, proceeding upon a submission entered into by the Provost then, (in name of the town,) in anno 1632, with this defender, anent some lands belonging to the said town, in property or as common good. The reason was, that the said town, and far less the provost by himself, had no power to enter into a submission anent their property given them by his Majesty's predecessors, with this express condition, that it should not be leasum to them to annalyie the same: but their submitting is a sort of alienation; item, the same is prohibited by sundry acts of Parliament. Vid. James VI. 6. Parl. 13, act 181; and Parl. 1587, act 112.
