[1663] Mor 15974
Subject_1 THIRLAGE.
Forbes
v.
The Town of Inverness
1663 .July .
Case No.No. 30.
Thirlage of corns that should thole fire and water. See No. 27.
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In a process for abstracted multures, betwixt John Forbes of Culloden and the inhabitants of Inverness, it was alleged, That invecta et illata cannot be extended to such corns as are bought by merchants, and are made malt of within the town, and thereafter transported over seas to Burren, and elsewhere, seeing the pursuer nor his authors were ever in possession of multure for such corns; and it were a prejudice to trade and exportation if such a thing should be sustained. It was answered, That invecta et illata is and ought to be extended to all corns that thole fire and water within the thirlage, whithersoever the victual be transported; and the reason why the pursuer has not been in possession is, because, till of late, there was no trade that way; likeas, victual, till this Parliament, was a forbidden commodity; and now, in the cases mentioned in the act, there being allowance of transportation, there is as great reason to pay multure for such corns as are
transported over seas, as for such as may be transported to any other haven in Scotland. Which accordingly the Lords found, and therefore repelled the allegeance.
Decided also de novo in the Winter Session.
In Præsentia.
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