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Various acts of the Scottish Privy Council, and statutes, passed in 1634, 1649, and 1661, (6 June, vide Statutes , vol. vii. p. 224, folio edition,) authorise the imposition of an annuity of six per cent. on all dwelling-houses, shops, &c. within the city, for the payment of six ministers; and by the last-mentioned statute, ‘letters of horning, and all others executorials necessary, are ordained to be directed upon this public act, in form as effeirs.’
The Lord Ordinary appointed the bill and answers to be printed, for the purpose of reporting the cause to the Court, and accompanied his interlocutor with the following note: ‘It is certainly from no doubt and no idea of difficulty that the Lord Ordinary reports the cause. For himself he could have no hesitation in at once refusing the bill. But it is plainly of great importance that the opinion of the Court should be obtained in the case as soon as possible. There seems to be nothing in the answers but what the complainers were bound to know before presenting their bill.’
The Court unanimously, and without hesitation, refused the bill, and found the complainers liable in expenses.
Lord Ordinary, Moncreiff. Act. Skene, and J. W. Hay. Alt. Sol.-Gen. and Jameson. Robert Deuchar and H. Inglis, Agents. Clerk.
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