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The parish of Lanark comprehends the royal burgh of that name, a considerable landed territory belonging to the burgh, which lies within the liberties thereof, and is held by it in free burgage, and a landward district, consisting of a number of estates, the property of individual heritors.
Against this action defences were lodged by the foresaid parties; and a record was made up. The defenders averred, that the constant and invariable usage in the parish of Lanark, for upwards of eighty years, had been to treat the burgh and the landward part of the parish as entirely separate and distinct from one another, in all matters relative to the management and maintenance of the poor. This was denied by the pursuers.
The Lord Ordinary, (20th May 1840,) made avisandum with the cause to the Court .
Lord Justice-Clerk .—The first leading point here is, whether there is a decided res judicata , so as to bar the present action? Now, I must say, that, neither looking to the parties in the former action, nor the conclusions of the summons, are there sufficient elements for me to say, that there is res judicata as to this right which is sought to be declared. The case, therefore, remains to be discussed on the summons of declarator now before your Lordships.
‘We are of opinion, that this cause should be disposed of, in so far as the materials now before the Court admit of a definitive judgment, by an interlocutor to the following effect:
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Common Room
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