Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.
Subject_2 SECT. VI.

Powers, Duties, and Jurisdiction of Magistrates.

Edward Kincaid
v.
Laird of Kincaid

Date: 29 November 1609
Case No. No 93.

The privilege of arresting strangers, regards merchant furnishings, and no other kind of debt.

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The Lords will advocate an action, pursued by a burgess of Edinburgh against a country gentleman, before the Provost and Bailies of Edinburgh, notwithstanding of caution found to answer as law will, if the cause be not founded upon a merchant trock, or furnishing, but upon a promise of broker-fee for helping to sell land, or such conditions of the like nature.

Fol. Dic. v. 1. p. 119. Haddington, MS. No 1660.