Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Tenants of Goldenhoove
v.
Colonel Rae

Date: 29 June 1649

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In the action of retention, for maintenance, quartering, &c. at the instance of the tenants of Goldenhoove, against Colonel Rae, their master, it was excepted, That, by virtue of a clause contained in their tack accepted by them, they should undergo all taxations, impositions, and burdens, and free their master of the same; they could not have retention for the years within their tack, to this time: especially seeing the duty was the same in a former tack, wherein a clause of services therein contained, was, in the posterior, remitted; and, by the clause above specified, as it were innovated: considering also, that the duty of the tack was within the avail. They replied upon the Act anent liferenters, of the 6th session of the 1st triennial Parliament, 1646. But the Lords found that they did not meet, in respect there was a posterior act of maintenance concerning the relief of tenants, in remitting the trial of the worth of lands, and the comparing the same, with the duty paid to the committee of war within the shire; which thir tenants had neglected. The Lords ordained the master to relieve preceding the tacks, conform to the order then standing, and noways during the time of the tack run; and, for the time to come, gave power to the tenants to renounce their tack if they pleased.

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