BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Miln of Milnfield v The County of Perth. [1775] 5 Brn 579 (4 March 1775) URL: http://www.bailii.org/scot/cases/ScotCS/1775/Brn050579-0673.html Cite as: [1775] 5 Brn 579 |
||
[New search] [Printable PDF version] [Help]
[1775] 5 Brn 579
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 REVOCATION ON DEATH-BED. See Death-Bed.
Subject_3 RIOT ACT, 1. Geo. I. c. 5.
Date: Miln of Milnfield
v.
The County of Perth
4 March 1775 Click here to view a pdf copy of this documet : PDF Copy
On the 8th of January 1773, a riotous mob made an unprovoked attack on the house of Milnfield, demolished the house, destroyed the furniture, plate, and papers. In an action on the statute of Geo. I. called the Riot Act, the Lords pronounced this interlocutor:—“The Lords find it averred by the pursuer, and not denied by the defenders, that, at the time libelled, a great number of persons, amounting to several hundreds, being unlawfully, riotously, and tumultuously assembled to the disturbance of the public peace, did repair to the house of Milnfield in the county of Perth, belonging to the pursuer, and, having forcibly entered said house, did unlawfully, and with force, demolish and pull down part of said house: And find it averred by the pursuer, and ascertained by the report of tradesmen, and not objected to by the defenders, that the pursuer did thereby sustain damage to the extent of £79 : 19s.; therefore, and in terms of the Act 1st of Geo. the First, libelled on, find the defenders, the householders residing within the county of Perth, liable, conjunctly and severally, in the said sum to the pursuer; decern against them, or any two of them, for said sum accordingly; but find the defenders not liable in the other damages claimed by the pursuer, upon account of furniture destroyed, and otherways; and sist execution against the persons hereby found liable, till the 25th of July next, in order that the Justices of the Peace of the county of Perth may, betwixt and that time, tax and assess, rateably and proportionally, according to their abilities, the whole householders residing within the said
county, for and towards payment of the above sum, hereby awarded in name of damages.” In the above case, the Lords gave no expenses; the law libelled on does not allow them: but afterwards, on a petition, 4th March 1775, they gave expenses, but under the name of further damages.
See 4 New Coll., p. 25.
The electronic version of the text was provided by the Scottish Council of Law Reporting
