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Scottish Court of Session Decisions >>
M'Kenzie of Highfield v Freeholders of Cromarty. [1753] Mor 8830 (20 December 1753)
URL: http://www.bailii.org/scot/cases/ScotCS/1753/Mor218830-202.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. I.
Time of holding the Court. - Can Freeholders be compelled to meet. - Quorum. - Calling the roll, and choice of Preses and Clerk.
The Sheriffs having been irregular as to the time of holding Michaelmas head-courts, it was, by act 16th Geo. II. cap. 11. enacted, That every Sheriff should, at least 14 days before Michalmas, appoint a precise day for holding such court in the year 1753, causing the same to be intimated at all the parish-churches within the shire, upon a Sunday at least eight days preceding; and that the day so to be fixed, should be the anniversary for holding the Michaelmas head-court in that county, in all time to come.
M'Kenzie of Highfield v. Freeholders of Cromarty
Date: 20 December 1753 Case No. No 202.
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A gentlemen, who had duly lodged a claim to be enrolled as a freeholder of Cromarty, preferred a complaint, setting forth, That the anniversary Michaelmas meeting had not been held, so that his claim was not judged of, and praying the interposition of the Court; the Lords dismissed the complaint as incompetent, they having no original jurisdiction in matters of enrolment. This seems then to be a great grievance without a remedy. See Kames's Law Tracts, v. 1. p. 320, and Principles of Equity, p. 57, v. 2. Third Edition. See Appendix.
