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The parish of Lanark is partly landward, and includes also the royal burgh of that name, to which a considerable territory is annexed, which is partly held burgage, and included within the proper limits of the burgh, and partly contained in a feu-charter from the Crown to the community, and held by it under the ordinary tenure of land. The cess payable by the landward heritors to the county collector, upon their valued rent, amounts to L.63, 6s., whilst that payable by the burgh, being the proportion rated on it of the cess levied in all the burghs in Scotland, amounts to L.23: 7: 8⅓ sterling.
The estimated expense of the repairs agreed to at the first meeting amounted to L.568; and on the 27th April 1811, a meeting came to the following resolution: ‘As things may occur during the execution of the work and afterwards, Mr Gairdner, the collector, is appointed to collect the sum of L.600 sterling, two-thirds to be paid by the heritors of the out-parish, and one-third by the town, or heritors of the in-parish, agreeably to the proportions of the last repairs of the manse and offices.’
The landward heritors afterwards found it necessary to advance the whole sum, under threats of a prosecution against them by the contractor for the arrears of L.200, which had been directed to be raised from the burgh or intown heritors. They then raised the present action, in which they called as defenders both the magistrates of the burgh, as representing the community, and the intown heritors, and concluded against both parties alternatively for repayment of the foresaid sum of L.200.
The Lord Ordinary took the cause to report on cases, and it was afterwards argued in a hearing in presence, in which
In conclusion, if the Magistrates are not found liable, as representing the community, for the portion of the expense effeiring to the property of the burgh within the parish, then the pursuers must have a good claim, under the alternative conclusions of their summons, directly against the proprietors of burgage property, as heritors in the parish.
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