Bakers of Dundee v. Magistrates of Dundee

Under Dundee's town charter of 1641, its bakers were placed under the servitude of thirlage when making use of the burgh's mills. In 1740, the Magistrates of Dundee converted these mills to other purposes, and purchased two mills upon the water of Dighty, two miles from town. Dundee's Incorporation of Bakers became lessees of the Dighty mills until 1799, when the Magistrates withdrew the lease. That same year they raised prosecution against members of the Incorporation for abstraction of multures. In response, the Incorporation brought action against the Magistrates, charging that they were liable for the great expense of transporting wheat to distant mills; for the legal expenses arising from the dispute over multures; and for other expenses related to the insufficient service of the Dighty mills. Furthermore, the Incorporation petitioned to be allowed to purchase their thirlage from the Magistrates of Dundee, as laid out in 39 Geo. III c. 35. The Sheriff of Fife heard the case, and appointed a jury to determine the price of thirlage. The cause was then moved to the Court of Session by advocation, and Lord Cullen made avisandum with the cause to the whole Lords. The Court sided with the Incorporation of Bakers, determining that they had the right to purchase an exemption from thirlage.