Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.

The Earl of Dundonald
v.
The Town of Paisly

Date: 7 December 1699

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In the mutual declarators betwixt the Earl of Dundonald and Town of Paisly; the Earl founding on some reservations contained in their old charters from Abbot Shaw, or the Lord Abercorn, restricting their right to the controverted moss; and the town refusing to propale their writs, and offering to depone they had no writs containing such clauses; and this tending to make them judges on the import of these writs,—the Lords fell on this medium, That they should produce them to the Ordinary in the cause; and if, after perusal, he found they had nothing relative to the Earl's allegeance, then to give them back again to the magistrates; but if he should find any clause tending that way, they allowed him in that case to put them in the clerk's hands; by which method the opening of charter-chests was avoided.

Vol. II. Page 71.

[Vide infra, page 480.]