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The Burgh of Linlithgow v Andrew Bennet. [1663] 2 Brn 299 (30 January 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Brn020299-0583.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Burgh of Linlithgow v. Andrew Bennet
Date: 30 January 1663
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The burgh of Linlithgow, having found Andrew Bennet, inhabitant in Borrowstounenesse, within their town, imprisons him, fines him, and takes a bond of him, not to traffic with staple goods; and thereafter charging him to pay the failyie contained in the bond; he suspends, that the bond was extorted from him, and so null, there being no law nor practick warranting burghs royal to take this way to vindicate their own privileges against burghs of barony. Contended, Burgesses of burghs royal, as they had the privileges to arrest any man to find caution judicio sisti, &c. for debt owing to themselves, so they had the like privilege to attach men for their own liberties.
The Lords found the reason of suspension relevant, and assigned a day to prove; and so found the way Lithgow had taken not warranted by any Act of Parliament.
