Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. XI.
Composition due by Singular Successors.
The Laird of Blair v. The Lord Montgomery
Date: 25 June 1680 Case No. No. 54.
The superior found obliged to receive a donatar of forfeiture, in virtue of Act 2. Parl. 1584. without paying a year's composition.
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The Laird of Blair being donatar to the forefault right of the wad-set lands which did belong to Ker of Kerseland, and were by him held of Montgomery of Haslehead, and having obtained presentation from the King, he pursued Haslehead, his heir, to enter him vassal, and for non-obedience, obtained decreet against him, declaring that Haslehead, his heir, had lost the superiority during his life; and now pursues my Lord Montgomery as Haslehead's superior supplendo vices to infeft him; who alleged that he ought not to enter him till he pay a year's rent, for by the presentation he being obliged to receive a stranger vassal, he ought to pay a year's rent, in the same way as if it had been an apprising or adjudication. 2do, Haslehead being several years in non-entry, he is not obliged to receive the donatar in his place, till he pay the non-entry duties, as he would not be obliged to receive Haslehead's heir upon precept out of the Chancellary, till he pay the non-entry duties. It was answered for the donatar, that by the 2d Act, Parl. 1584, it is declared, that the King has right to dispose of the heritable right of his sub-vassal forefault, by presentation, which therefore obliges the sub-vassal's superior to receive him, and yet mentions no year's rent for his entry; likeas, none was due in adjudications till the late act of Parliament, and a year's duty is only due in apprisings by the statute of King James the Third, anent apprisings; and as to the non-entry duties; 1mo, By the foresaid act 1584, donatars are declared free of the feu-duties, due by forefault persons; ex paritate rationis they must be free of non-entry duties; 2do, As in apprisings or adjudications, superiors must enter summarily, only with reservation of the non-entry duties, which must be known and liquidated by the extent of the debtor's lands; so the same must hold no less in this case. The Lords found that there was no year's rent due upon presentation, but that the superiors, mediate, or immediate, were obliged to receive them gratis, by virtue of the act of Parliament 1584, and that that act of Parliament could not be extended to liberate the donatar from the non-entry duties, but that they could not stop the entry; and therefore ordained the Lord Montgomery to receive the donatar, but prejudice of his non-entry duties by way of action against the donatar.
