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Scottish Court of Session Decisions >>
The Magistrates of the Town of Glasgow v Robert Gibson, their Tacksman. [1693] 4 Brn 106 (21 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040106-0246.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Magistrates of the Town of Glasgow v. Robert Gibson, their Tacksman
Date: 21 December 1693
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The Lords found the payment to the Provost unwarrantable, seeing the tack made it payable to the Town-treasurer, who only should receive the Town's money; and that it was not sufficient that the Town was owing Walter Gibson, their Provost, a greater sum, because then he should have got an act of council warranting him to pay it; and the Provost may yet pursue the Town: And as to the twenty shillings on the boll of malt, find him liable for the same, unless he subsumes that he was interrupted and debarred from the uplifting of it, as an illegal imposition; seeing he uplifted some: which the President thought not sufficient to make him any further liable than for his actual intromission: but the generality of the Lords found ut supra.
