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Scottish Court of Session Decisions >>
George M'Kenzie of Rosehaugh v The Town of Elgine. [1693] 4 Brn 54 (24 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040054-0126.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
George M'Kenzie of Rosehaugh v. The Town of Elgine
Date: 24 January 1693
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The Lords found the extract of the act out of the Town Council books, settling L.40 Scots yearly of pension on Sir George M'Kenzie, as their advocate, sufficiently probative against the town; but did not find their other act, bearing, he was yearly paid thereof by their treasurer, probative, for the said town; seeing their books proved against them, but not for them: reserving action to them against their clerks, as accords, for giving out such extracts. And found the letter produced, wrote to them by Sir George M'Kenzie when he was made king's advocate, showing he could not attend their affairs, nor lead their processes, was a renunciation of the pension after that; and that his proposing his brother Mr. Coline to succeed him in their affairs, was not a conditional reservation to return again to himself if they should not employ Mr. Coline, but was only a recommendation.
