Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Inglis
v.
Laird Balfour

Date: 25 June 1668

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There being an unprinted Act of Parliament, for uplifting the tax and loan of the shire of Fife, for relief of some noblemen engaged for the shire, in anno 1661;—the council did thereafter give commission to certain persons in the shire to convene the persons resting, and accordingly cited the Laird of Balfour; and he not compearing, ordered quartering against him. He suspends, on this reason, That this being a private and particular Act of Parliament, to which he was not called, is salvo jure, and could not burden his lands of Creik, because he is singular successor therein to the Laird of Creik. It was answered, That there is no exception of singular successors in the Act of Parliament; so that this Act, being a reviving of the old rescinded Act, pro tanto, it must be in the same case as taxation and maintenance, which is ever accounted debitum fundi. It was answered, That these burdens, imposed by the rescinded Parliaments, are not in the same case with other public burdens, especially where it is but a particular Act, relating to particular persons and shires, without citation of them; for, if they had known of this Act, they would have petitioned the Parliament that singular successors might have been excepted, as they were in other Acts of this nature. The Lords suspended the decreet, and found, That, as they were singular successors, they were not liable.

Vol. I, Page 544.