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Scottish Court of Session Decisions >>
The Town of Annand v Grahame. [1670] 2 Brn 464 (14 June 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020464-0768.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Town of Annand v. Grahame
Date: 14 June 1670
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This was a pursuit for some customs granted by the Parliament in 1661, to this burgh, of all beasts driven through their privileges, either from Scotland or Ireland, to England.
Alleged,—Thir customs was not contained in their charters of erection, but was only given by an unprinted act of Parliament, which are ever impretate periculo petentis. My Lord Newbyth inclined to sustain such a custom, if the said town would prove they had been in possession thereof: though it was alleged that no possession, though of never so long a time, can validate an unlawful custom tending to oppression, as this does; and adduced the practique of the Burgh of Lithgow and the Fleshers of Edinburgh, out of Dury, 15th November, 1621. He was ordained, before answer, to produce his practiques he founded on.
