Acts of the Parliament of Scotland before the Union are cited by year and chapter, thus Act 1686, c. 5.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Act of Parliament |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Andrew Wauchope and Others v. The Magistrates of Canongate | 1798 | Prescription, Possession, Act of Parliament, Statute, Title, Burgh | The Magistrates of Canongate, defenders, were authorized by statute to levy customs duties at the Water Gate with respect to certain articles at particular rates. For many years, the Magistrates had charged higher rates and levied duties on articles not mentioned in the statute. In 1795, the Magistrates published a new table of duties that served to increase rates and to add new articles. Pursuers Andrew Wauchope, the Trustees of the Post Road District, and William Scott (Procurator-fiscal of the County of Edinburgh) challenged the Magistrates’ authority to charge duties not specifically authorized by the statute. |
| Archers and Others v. Magistrates of Edinburg | 1797 | Statute, Fraud, Act of Parliament, Sequestration, Trust, Tax | James and Andrew Archers, John Hardy, and William Younger, brewers operating within the precincts of Holyroodhouse, pursued the magistrates of Edinburgh and Alexander Thomson to contest the legality of a two-penny duty imposed on ale brewed and consumed in the Abbey, maintaining that the magistrates lacked authority to levy the tax within that jurisdiction. The brewers claimed total exemption from the duty, which the chargers subsequently challenged as legally unsound and unjust. |
| Baillie v. Magistrates and Town Council of Glasgow | 1796 | Heritor, Prescription, Act of Parliament, Expenses, Possession, Interlocutor | John Baillie reclaimed against an interlocutor of the Lord Justice-Clerk in an action against the Magistrates and Town Council of Glasgow concerning the liability for costs of repairing foot-pavements. The defenders submitted information arguing that adjacent proprietors, and not the public, must bear the cost of such repairs. |
| Balfour v. Earl of Moray | 1796 | Teinds, Tack, Patronage, Heritor, Collation, Act of Parliament | Mr Andrew Balfour, Advocate, His Majesty's Solicitor of Tithes, petitioned the Court as pursuer against the Earl of Moray, as defender, asking the Court to alter its recent interlocutor. Based on the single document cataloged for this case. |
| Charles Addison and Sons v. William Duguid and Others | 1792 | Insurance, Adjudication, Statute, Contract, Act of Parliament, Debt | In February 1791, the ship Leviathan, sailed from Borrowstounness for Greenland on a whaling expedition. The vessel's owners, Charles Addison and Sons, took out an insurance policy with William Duguid, Andrew M'Kenzie, George Robertson, and James Hunter for 90 butts of blubber, with a provision that the underwriters would pay for whatever portion less than 90 the vessel returned with. The Leviathan was delayed at Stromness, Orkney for several weeks, and when the ship returned to its home port with only 3 or 4 butts, Addison and Sons sought to collect on the insurance. Their attempt to cash in the policy led to litigation in the Admiralty Court where the Judge Admiral initially ruled for the underwriters, before subsequently ruling against them on the Addisons' appeal. Duguid, M'Kenzie, Robertson, and Hunter asked the Court of Session to reverse the Judge Admiral's ruling, arguing that the Leviathan's delay in the Orkney's voided the insurance policy. Addison and Sons in turn argued that their reading of 26 Geo. III, cap. 41 and 29 Geo. III supported their claims, and further argued that the insurance policy was actually a wager, an illegal gambling contract violative of 19th Geo. II. |
| Countess of Loudon, and Others v. The Trustees on the High Roads in Ayrshire | 1792 | Jurisdiction, Trustees, Appeal, Sequestration, Act of Parliament, Adjudication | The Countess of Loudoun and others pursued the Trustees on the High Roads in Ayrshire regarding the proposed suppression of the road by Crawfordland-bridge, while the Trustees and associated justices of the peace defended the road's continued operation. The Trustees initially challenged the Court's jurisdiction to review their proceedings, then argued in subsequent pleadings that the road served public convenience and must be kept open. The parties exchanged answers, replies, and duplies contesting both the Court's authority to intervene and whether the road should remain open or be suppressed. |
| Duke of Gordon v. Lord Swinton's Interlocutor | 1787 | Patronage, Charter, Succession, Act of Parliament, Interlocutor, Conveyance | Alexander, Duke of Gordon petitioned the Court to alter an interlocutor issued by Lord Swinton. Based on the single document cataloged for this case. |
| Gleig v. Stephen | 1794 | Stipend, Teinds, Heritor, Augmentation, Parish, Act of Parliament | Gleig pursued Stephen to determine whether lands situated in the parish of St. Vigians were liable for stipend to the minister of that parish or subject to augmentation for the minister of Arbroath. The memorialists argued that the lands were liable to the St. Vigians minister and could not be subjected to augmentation for Arbroath, while the memorialist responded that lands locally situated in St. Vigeans but paying stipend to Arbroath belonged to that parish quoad stipend. |
| Marshall, et al v. Magistrates and Town-Council of Glasgow | 1788 | Interlocutor, Interdict, Suspension, Charter, Act of Parliament, Possession | The Examinators of the Faculty of Physicians and Surgeons in Glasgow, including Dr Robert Marshall, petitioned the Court to continue an interdict restraining the Magistrates and Town-Council of Glasgow from quartering soldiers upon them, pending a determination of their claimed charter-based immunity from such burdens. The Magistrates answered, responding to the physicians' argument that their faculty charter rendered them exempt from the quartering of soldiers. |
| McNish v. Scougal and Ogilvy | 1787 | Witness, Deed, Reduction, Cautioner, Improbation, Act of Parliament | John M'Nish pursued the reduction of a bond of caution he had granted to Messrs Scougal and Ogilvy, merchants in Leith, contending that the deed was void for lack of witnesses to his subscription and because he had not acknowledged his signature at the time of execution. Scougal and Ogilvy argued that the bond remained valid despite M'Nish's denial and the absence of attesting witnesses. The parties filed opposing informations regarding the formal validity of the instrument. |
| Murdoch et. al v. Magistrates of Port-Glasgow | 1778 | Duty (Tax), Public Works, Act of Parliament, Statute, Jurisdiction, Contract | In 1693, an Act of (Scotland's) Parliament granted Glasgow a duty of two pennies Scots per pint of ale or beer "brewed, in-brought, vended, tapped, or sold within the city, suburbs, or liberties thereof." In 1762, when Murdoch, Warroch, and Company founded a brewery at Anderston, they began paying this duty to Glasgow upon importing their beer into the city. In 1774 Port-Glasgow was separated from Glasgow and joined with Newark, and was granted a similar duty by the British Parliament. Shortly afterward Murdoch, Warroch, and Company were forced to pay this duty upon importing some ale and beer into Port-Glasgow. In response they withheld their customary payment from Glasgow. The collector of impost for Glasgow brought action before the magistrates of that city, which ruled in his favor. Murdoch, Warroch, and Company then brought the cause by advocation to the Court of Session, asking to be found liable for only one impost payment. After Lord Stonefield found them liable for both duties they submitted his interlocutors to the Court for review. See a later case, Magistrates and Town-Council of Glasgow v. Murdoch, Warroch, and Company, for further attempts on the part of this brewery to evade impost. |
| Robb v. Bogg | 1794 | Interlocutor, Agent, Clerks of Session, Mala Fides, Suspension, Act of Parliament | In Robb v. Bogg, Thomas M'Grugar petitioned the Court to alter an interlocutor that had turned a null decree into a libel and ordered him to plead the merits. Based on the single document cataloged for this case. |
| Sir Alexander Ramsay Irvine v. The Honourable William Maule | 1794 | Teinds, Heritor, Valuation, Statute, Act of Parliament, Charter | |
| The Magistrates, Town-Council, and Community of Dumbarton v. The Magistrates and Town-Council of the City of Glasgow | 1771 | Interpretation of acts of Parlament, Act of Parliament, Contract, Sequestration, Arrestment, Privilege | In 1770, Parliament passed legislation for improving the navigation of the River Clyde to the city of Glasgow. The act empowered the Magistrates and Town-Council to repair and enlarge the quay on the north side of the river, and build a new one on the south side. The legislation allowed the Glaswegian magistrates to levy a duty on river traffic, to which the Magistrates and Community of Dumbarton claimed exemption based on a 1770 contract between the two burgs. |
| The Procurator-Fiscal of the Town of Stirling v. John Gillies and Others | 1793 | Salmon Fishing, Jurisdiction, Act of Parliament, Tack, Trespass, Statute | |
| Trustees upon the Berwickshire Turnpike Roads v. Mayor, Bailies, and Burgesses of the Borough of Berwick | 1793 | Trustees, Thirlage, Mala Fides, Statute, Interdict, Act of Parliament | The Trustees upon the Berwickshire Turnpike Roads defended the placement of a toll-bar on the Eyemouth road against the Mayor, Bailies, and Burgesses of the Borough of Berwick, who sought suspension of the tolls under a 1793 turnpike act. The Corporation argued that the trustees had violated the statute by situating the gate closer to Eyemouth than to Berwick, thereby creating unequal distances prohibited by the act. The Trustees maintained that the gate was properly positioned as near as may be to the required distance from Berwick and that the Corporation's bill of suspension lacked legal foundation. |
Documents discussing this subject (showing 100 of 242)
- Adam Monteith and Others v. Robert M'Gavin and Others — Appendix, 18 Nov 1837
- Addison — Duplies, 20 Feb 1793
- Alexander Duke of Gordon v. John Duke of Argyle — Answers, 12 Feb 1772
- Alexander Milne v. Freeholders of Aberdeenshire — Petition, 13 Dec 1791 [2]
- Alexander Milne v. Freeholders of Aberdeenshire — Petition, 13 Dec 1791 [3]
- Alexander Milne v. George Skene — Answers, 10 Mar 1791
- Alexander Milne v. George Skene — Answers, 9 Feb 1792
- Alexander Morison and John Blaikie v. Francis Alexander, Earl of Kintore and his Curators — Summons, 8 Jan 1846
- Alexander Stewart v. John Isat — Petition, 7 Jul 1773
- Alexander Stewart v. John Isat — Petition, 9 Feb 1774
- Alexander-Charles Maitland, & Others v. Dame Helen Maitland Gibson, & Spouse — Summons, 17 May 1830
- Andrew Balfour v. Kenneth Mackenzie of Cromarty — Memorial, 3 Mar 1795
- Andrew Dempster v. James Brown — Answers, 6 Feb 1828 [2]
- Andrew Dempster v. James Brown — Condescendence [2]
- Andrew Taylor v. Walter Brown — Answers, 26 Nov 1806
- Andrew Wauchope and Others v. The Magistrates of Canongate — petition, 18 Dec 1798
- Andrew Wauchope and Others v. The Magistrates of Canongate — petition, 27 Jun 1799
- Andrew Wauchope v. Magistrates of Canongate — memorial, 16 Jun 1798
- Andrew Wauchope v. The Magistrates of Canongate — memorial, 16 Jun 1798
- ANSWERS FOR Henry Davidson of Tulloch, Dr William Anderson of Udall, Captain John Forbes of New, factor for the annexed estate of the late Earl of Cromarty, and William Forsyth mer
- ANSWERS for LAURENCE HILL to the foresaid Bill of Suspension.
- Appendix TradesGlasgow, 1792
- APPENDIX. Copy RECEIPT for Greenwich money granted to William Bird master of the Burlington of Burlington, referred to in the preceding Answers. Copy CERTIFICATE by Mr Scrope Colqu
- APPENDIX. STATE of the Balances due by the Purchasers of the Estates of Winton, Seaton, Long Niddry, Tranent, East Reston, PanmureHouse and Parks, Milltown of Gaval and Arnhall, at
- Archibald Campbell and Paul Fraser v. Dugal M'Dugal — Answers, 28 Feb 1792
- Archibald Craufurd v. Marion M'Mikin Torrance and George M'Mikin Torrance — Information, 1 Jun 1820
- Armstrong v. Armstrong and Warner — Report
- Baillie v. Magistrates and Town Council of Glasgow — Petition, 21 Jan 1796
- Balfour v. Earl of Moray — Petition, 30 Nov 1796
- Bill of Advocation — Advocation for Thomas Smith Cuninghame, Esq., younger of Caprington, in the Petition and Application for Armorial Bearings at the instance of Sir Robert Keith Dick Cunyngham, Baronet
- BILL OF SUSPENSION (No. 1.) FOR JOHN CAMPBELL, Esq; of [illegible], THOMAS LAING, Merchant in Glasgow, and others Petitioners against [illegible] Defender
- BILL OF SUSPENSION AND INTERDICT. OUR LORDS OF COUNCIL AND SESSION,—Unto your Lordships humbly mean and shew your servitors David Limond, Esquire of Dalblair, and Dame Grace Boswel
- Cairns v. Common Agent in Ranking of Newlaw — Petition, 23 Jul 1789 [2]
- Charles Johnstone, George Johnstone, Charles Johnstone, and Thomas Johnstone v. William Barrie and Christopher Kerr — Bill of Advocation
- City of Edinburgh v. William Scott — Information, 24 Jan 1807
- Commissioners for Making the Caledonian Canal v. Colonel Alexander Grant — Petition, 3 Mar 1812 [3]
- Company of Proprietors of the Borrowstounness Canal Navigation v. M^cAlpine, Fleming, and Company — Answers, 14 Apr 1791
- Countess of Loudon, and Others v. The Trustees on the High Roads in Ayrshire — Replies, 11 Dec 1792
- Cunningham and Simpson v. Sir George Home, Baronet, and the Commissioners for raising Seamen at the Port of Leith — Petition, 16 Jun 1795
- Daniel Campbell of Shawfield, William Grahame younger of Gartmore, and Alexander Cunnynghame v. William Mure of Caldwall — Answers, 11 Jan 1760
- David Balfour Hay v. James Thomson — Information, 16 Jan 1798
- David Cuthbertson v. The Commissioners for forming London Street of Glasgow, and Others — Summons, 7 Apr 1830
- David Nicholson, and fifteen other journeymen-weavers in Glasgow and its neighbourhood v. George Brown, and twenty other master-manufacturers in Glasgow and its neighbourhood — Information, 23 Feb 1768
- David Steuart v. John Ramsden — Replies, 21 Jun 1793 [2]
- Dewar and Orr v. Kenneth M'Lennan — Answers
- Dickson — Petition, 4 Feb 1796
- Douglas — Answers, 10 Mar 1795
- Dr Robert Marshall and others Physicians and Surgeons in Glasgow v. The Magistrates and Town-Council of Glasgow — Answers, 19 Jun 1788
- Duguid — Replies, 11 Dec 1792
- Duke of Gordon v. Lord Swinton's Interlocutor — Petition, 26 Jul 1787
- Duke of Roxburgh v. John Knox and Andrew Hall — State of the Process, 17 Jul 1741
- Edinburgh Oil Gas Light Company v. Sir William Baillie of Polkemmet, Baronet, and Others, Trustees of the deceased David Clyne — Condescendence, 17 Jul 1835
- Edinburgh Oil Gas-Light Company v. Trustees of David Clyne — Complainers' Case, 27 Jun 1837
- Eliza Campbell and Andrew Campbell v. Thomas Laurie, James Reid, William Gilmour, William Leckie Ewing, Andrew Reid, James Lindsay Ewing, and Archibald Grahame — Bill of Suspension, 27 Mar 1829 [2]
- Elizabeth Countess of Sutherland and others v. William Dunbar of Fulfordlees — Answers, 27 Sep 1783
- Ensign Rose v. Hugh Ross — Petition, 28 May 1793
- EUL0279 doc0018
- Flora Mure-Campbell, Countess of Loudoun v. Trustees of High Roads, Ayrshire — Duplies, 11 Apr 1793 [2]
- Forbes v. Home — Replies
- Frederick Campbell v. Andrew Stuart — Information, 26 Nov 1792
- Gardiner — Petition, 24 Nov 1792
- General-Collection-of-Session-Papers-1831-12-FEB--23-FEB-221-224-257 doc0017
- George Clapperton v. Margaret Hope — Answers, 6 Dec 1780
- George Cramond v. William Hogg — Duplies, 8 Jun 1814
- George Dempster v. Robert Geddie junior and Robert Mackintosh — Answers, 28 Nov 1767 [2]
- George Dundas of Dundas v. Thomas Dundas of Fingask and Thomas Dundas of Quarole — Information, 16 Jan 1759
- George Gleig v. Robert Stephen, Alexander Strachan, and John Rolland — Memorial, 3 Jan 1794
- George Trail v. Thomas Lyell — Memorial, 18 Feb 1767
- Gordon v. M'Leod — Petitionand Complaint, 3 Feb 1791
- Harry Davidson v. Robert Hill — Answers, 10 Jun 1802
- Harry Davidson v. Robert Hill — Answers, 11 Feb 1802
- Harry Davidson v. Robert Hill — Duplies, 10 Mar 1802
- Hislop — Petition, 22 May 1795
- I-1633-1757 doc0004
- II.—Excerpt from the Memorial for the Heritors of Eyemouth and Mr James Allan, Minister of said Parish.
- Incorporation of Bakers of the City of Glasgow v. Malcolm M'Leod and the Magistrates of Glasgow — Information, 26 Apr 1792
- INDEX TO APPENDIX TO Revised Condescendence for DEFENDERS.
- INTERIM REPORT to Lord Cockburn, Ordinary, on the Petition of Sir Norman Macdonald Lockhart of Lee and Carnwath, Baronet; John M'Neile, Esquire of Bally-Castle, in the County of An
- INTERLOCUTOR by Lord Robertson. STATEMENT of FACTS for the Complainers, and ANSWERS thereto for the Glasgow Water-Works Company.
- J. T. and A. Douglas and Company v. James Watson — Duplies, 6 Sep 1821
- James Andrew, and Others, Merchant-Counsellors of the Burgh of Linlithgow, and Thomas Henderson, Deacon of the Incorporation of Weavers there v. Henry Gillies, Provost of Linlithgow, and Others — Petition, 1 Feb 1775
- James Beatson v. Henry Erskine, Methven Erskine, John Bell, and others — Information, 10 Sep 1793
- James Charles Macrae v. Maria Le Maistre Macrae or Hyndman — Complainers' Case, 7 Jun 1831
- James Earl of Fife and Francis Garden Campbell v. Andrew Jopp — Petition and Complaint, 23 Jan 1826
- James Freeland, and Others v. The Incorporation of Weavers in Glasgow, William Bell, Deacon, and John Watson, Collector of the said Incorporation, and Duncan Niven, one of the Bailies of the said City — Information, 14 Nov 1777
- James Gammell v. Collectors of Poors Rates of Greenock — Memorial, 26 Feb 1822
- James Gammell v. Collectors of Poors Rates of Greenock — Memorial, 26 Feb 1822 [2]
- James Hamilton Junior v. Andrew Duncan Senior — 5 Jan 1826
- James Margetson, Esq; of London, merchant, and Mess. Ramsay, Williamson, and Company, merchants in Leith, his attornies, Advocators and Pursuers v. The Procurator-Fiscal and Clerk of the High Court of Admiralty, Defenders — Memorial, 27 Feb 1782
- James Marquis of Clydesdale and his Guardian v. Thomas Earl of Dundonald — Answers, 19 Jan 1727
- James Marquis of Clydsdale and Thomas Earl of Dundonald v. Susanna Countess of Strathmore and Katharine Lady Garlies — Information, 30 Dec 1729 [2]
- James Reddie, William Davie, and Angus Turner v. John Todd, Robert Todd, Samuel Higginbotham, and Alexander M'Grigor — Reclaiming Note
- James Renton v. Sir George Gun Munro — Summons, 1 Dec 1842
- John Alexander Higgins v. Sir Thomas Livingstone, Bart., and Archibald Ferrier — Answers, 12 Jan 1808 [2]
- John Ballenden v. Duke of Argyll — Answers, 7 Jun 1792 [2]
- John Ballenden v. His Grace John Duke of Argyll — Answers, 7 Jun 1792
- John Barclay v. Patrick Whitson Jun. — Summons, 13 Dec 1823 [3]
- John Campbell Tertius v. William Murray — Information, 11 Jan 1807
- John Campbell, Tertius, &c. v. William Murray, Esq. — Information, 18 Jan 1807
- John Campbell, Tertius, Writer to the Signet, Trustee for His Grace the Duke of Montrose, and Others, Trustees on the Turnpike-Road leading from Stirling to Drymen-Bridge v. William Murray of Touchadam, Esq. — Answers, 3 Mar 1808