If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, 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!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wilson v Macdonald. [1777] 5 Brn 503 (21 February 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Brn050503-0531.html
Cite as: [1777] 5 Brn 503

[New search] [View without highlighting] [Printable PDF version] [Help]


[1777] 5 Brn 503      

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 LAWBURROWS.

Wilson
v.
Macdonald

Date: 21 February 1777

Click here to view a pdf copy of this documet : PDF Copy

.

Where a person is charged with lawburrows—his remedy is, to find caution that the complainer shall be harmless, or to suspend : this last, if the days are elapsed, is his only remedy. This suspension cannot be discussed as a suspension ; it fulfils the charge, which is to find caution that the other party shall be harmless. If, however, the suspender contravenes, the charger's remedy is by a process of contravention, which falls to be discussed like any other ordinary action. This seems to be Dallas's opinion, Stiles, p. 450; for which this additional reason may be given,—That contravention of lawburrows must be pursued with concurrence of his Majesty's advocate. This point occurred, 21st February 1777, before Lord Justice-Clerk as Ordinary, Wilson against Macdonald. It is still sub judice.

The above doctrine applies well as to the charger; but, if the suspender wants to get his cautioner liberated, and the suspension at an end, what method can he follow other than this, to get the suspension discussed and the letters suspended simpliciter ?

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Brn050503-0531.html