Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
George Young v. George Cockbourne
1674.
June.
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George Young, bailie to the Earl of Winton in his barony of Niddry or Winchbrugh, pursues George Cockbourne, who had possessed the yards and park, for payment of the duty thereof for the years of his possession; in which the quantity of the yearly rent being controverted, I contended, the quota paid for the preceding years behoved to be the rule, where no particular farm (tack-duty) was pactioned and conditioned; for consuetudo in pensionibus est servanda, L. 18, C. Locati, ibique Glossa magna Accursum, who cites Everhardus, in loco legali a solitis.
See Benevenutus Straccha, tractatu de navibus, parte 3, No. 10, pagina 306. Infra, 8th November, 1677, Prestongrange, No. 649.
