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It had been long the practice of the parish of Dunbar, which comprehends the royal burgh of that name, and a considerable landward district, that the landward heritors held meetings for fixing the assessment for the maintenance of the whole parochial poor, assisted generally by one of the Magistrates, on the part of the town, and the minister, as moderator of the kirk-session; and that of the assessment so fixed, the burgh paid one-sixth, and the landward heritors and their tenants the remaining five-sixths.
In bar of this action it was pleaded ,— first , That the pursuers have no title to pursue; and, secondly , That all parties interested have not been called. The grounds of these objections were, that none of the proprietors of houses and tenements within the burgh were parties to the action, either as pursuers or defenders; and that several of the landward heritors, whose names were included in the summons as pursuers, had disclaimed the action.
Lord Fullerton, Ordinary. For the pursuers, Jameson, Alex. Dunlop. J. & W. Ferrier, W. S. Agents. For the defenders, Rutherfurd, Ivory. Gibson-Craigs, Wardlaw & Dalziel, W. S. Agents. F. Clerk.
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Common Room
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