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Scottish Court of Session Decisions >>
Johnston v The Dean of Guild of Aberdeen. [1676] Mor 12480 (13 January 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor2912480-331.html Cite as:
[1676] Mor 12480
Administrator's Oath, if relevant against his Constituent?
Johnston v. The Dean of Guild of Aberdeen
Date: 13 January 1676 Case No. No 331.
Oath of Magistrates, if good against the town.
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In a suspension raised at Johnston's instance, who was charged for payment of the tack duties of the mills at the said Dean of Guild's instance, upon this reason, that it was offered to be proved by the Provost and Bailies who were then in office, that there was a promise made to him to obtain a decreeet of thirlage against the feuars, which was never done. It was answered, That the reason was not probable by the oaths of the Bailies who were then in office, they being functi officiis, none of them being in place but the present Provost, and so the reason was only probable scripto. It was replied, That the tack being only set by the Dean of Guild, as having power from the Magistrates, and as one of the administrators of the common good of the burgh, and not being his own proper interest, the reason was most probable by the oaths of those who were joined in office with him. The Lords did sustain the reason to be proved by the Magistrates then in office, and ordained them to depone upon the verity thereof.
Fol. Dic. v. 2. p. 238. Gosford MS. No 835. p. 528.
