Scottish Court of Session Decisions

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

Miller, Schoolmaster of Preston-Kirk,
v.
The Tenants of Hailes and Treprain

Date: 18 February 1670

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In a pursuit, at the schoolmaster's instance, against the tenants of Hailes and Treprain, belonging to the Viscount of Kingstoun, for payment of 16 shillings Scots, imposed upon every husband land, to be paid to the schoolmasters, by a stent agreed to and subscribed by the whole heritors; to which action the Viscount, being likewise called by order of the Lords, who declared that he would not oppose the pursuit: It was alleged for the tenants, That they could not be decerned; because, the stent-roll being only subscribed by their master, it could not oblige them, they not being obliged by their tack to pay the same; and the imposition upon the husband land was not debitum fundi; neither was there any arrestment used. Likeas, some of the tenants were but lately come to the ground, and were pursued for many years preceding.

The Lords did sustain the defence; notwithstanding it was replied, That all the rest of the tenants of the parish made payment, and that, their master being cited in this process, they might justly retain so much of their tack-duty.

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