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 |
|---|---|---|---|
| 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. |
| 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. |
| 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 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. |
