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Scottish Court of Session Decisions >>
Anderson v Magistrates of Renfrew. [1752] Mor 7347 (30 June 1752)
URL: http://www.bailii.org/scot/cases/ScotCS/1752/Mor1807347-080.html Cite as:
[1752] Mor 7347
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The Court sustained jurisdiction in complaints against Magistrates for mismanagement of the burgh revenue.
Fol. Dic. v. 3. p. 341. Fac. Col.
This case is No 33. p. 2539. voce Community.
*** In conformity with this judgment were decided the cases, Bean against Magistrates of Irvine, No 23. p. 2522. voce Community; and Merchant Company against Magistrates of Edinburgh, 9th August 1765, No 2. p. 5750. voce Hospital.
In a case which had occurred in 1748, the competency of the Court of Exchequer to actions of this kind was contended for, in opposition to that of the Court of Session. The Lords, however, sustained their own jurisdiction.—And a similar question being tried in 1784, in the Court of Exchequer in the case of certain Burgesses of Dunbarton against their Magistrates, that Court found that, as now constituted, they had no power to take cognizance of the public accounts of burgh revenues. See No 94. p. 7366.
