Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Margaret Balcanquell
v.
Craig

Date: 22 July 1668

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Margaret Balcanquell and her son being debtors to Hugh Craig, by two several bonds; and having granted a new bond of corroboration for the principal and annualrents, making up, in the whole, 700 merks; for farther security, did grant a tack of two merchant-booths, for payment of £100 yearly of tack-duty; which was to be retained in satisfaction of the bond pro tanto. This tack was craved to be declared null, upon the late Act of Parliament anent Debtor and Creditor; because the maills and duties of the said two booths were worth yearly £ 160; and the granters of the tack were obliged to free the tacksmen of all cess and public burdens whatsoever; so that he was yearly to have £60 more than the annualrent of his money. The question being, If a tack of this nature did fall within the Act of Parliament,—there being only mention made of wadsets, and a general clause subjoined of all such bargains and rights: The Lords were loath to decide the tack null upon the Act of Parliament; because it would thereby have made the bond usurary, and the whole sum, and the tacksman's escheat to fall; and therefore recommended to the parties to agree: but inclined to find that the tack did fall within the Act of Parliament.

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