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Scottish Court of Session Decisions >>
The Magistrates of Edinburgh v James Cathcart of Carbiston. [1694] 4 Brn 186 (10 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040186-0419.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Magistrates of Edinburgh v. James Cathcart of Carbiston
Date: 10 July 1694
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The Magistrates of Edinburgh, against James Cathcart of Carbiston, for demolishing a fore-stair brought out too far upon the High Street. Answered,—He did it on the visitation of the Dean of Guild, and a jedge and warrant. Replied,—That act was never extracted, and was afterwards recalled; and no visitation can be till first the act be in scriptis under the clerk's hand; for verbal warrants are not sufficient.
The Lords thought the first act could not be made up per membra curiœ; and therefore found it unwarrantably built; but recommended to the reporter to try how it might be rectified to both parties' satisfaction, without taking it down, if possible.
