Colonel Charles Straton, - - - - - - - -appellant. David Skinner, merchant, and provost of the burgh of Montrose, William Ross, Alexander Christie, and Peter Skinner, merchants, and bailies of Montrose, George Morison, merchant, and Dean of Guild of the said burgh, and Georg Ross, Merchant, and Town Treasurer of the said Burgh, James Coutts senior, James Coutts junior, Thomas Christie, Alexander Craw, Alexander Miln, Nicholas Bell, John Pilmer, and Thomas Leslie, all Merchants in Montrose, and Counsellors of the said Burgh, James Miln, Patrick Beattie, both Shipmasters, and Counsellors of the said Burgh, William Leslie, Litster in Montrose, and Robert Brodie, Weaver there, all likewise counsellors of the said Burgh of Montrose, for themselves, and as representing the whole community of the said town, and their successors in office, respondents. The case of the respondents