The services of leading millstones, repairing the dam, and other services about the mill, are implied in every sort of thirlage, and go along to purchasers, tho' not expressed.
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The young man of Newliston, feuer of the mill of ———, holden of the Lord Torphichen, pursues Alexander Inglis of Rottourlaw for the abstracted multures of Rottourlaw. It is alleged by the defender, that he and his authors are infeft by the Lord Torphichen in the lands of Rottourlaw in feu, for payment of a certain-feu-duty pro omni alio onere, long before the pursuer or his authors feued the said mill, and so after the Lord Torphichen had let the lands of Rottourlaw, without any astriction to the said mill, his Lordship could not astrict them by a sequent feuing of the said mill. To which it was replied, That the exception is not relevant, except the excipient would allege that he or his authors were infeft cum molendinis et multuris, in respect it was the mill of the whole barony whereto the said lands were astricted before the feu. The Lords repelled the exception, in respect of the reply.
Auchinleck MS. p. 129.
*** See Durie's report of this case, No. 115. p. 10852. voce Prescription, from which the proposition on the margin is taken; from which likewise it is to be understood, that a feu charter bearing a certain feu-duty cum omnio alio onere, without a clause cum molendinis, imports not exemption from thirlage.
