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Found, That if a tenant within burgh duly warned to remove, sit above forty days after Whitsunday, he is liable for the rent; although it was alleged, That the landlord had not got the house set to another, and so had no real prejudice by the tenant's sitting beyond the ordinary time, and the tenant was willing to satisfy him for the time he possessed after the legal term of removal. In this process, it appeared, that by the custom of burghs, tenants of brew-houses, &c. kilns and barns relative thereto, should remove within twenty-four or forty-eight hours after the term.
Harcarse, (Removing.) No 838. p. 240.*** Fountainhall reports this case:
1683. December 18.—Robert Douglas in Leith, having obtained a decreet of removing against Patrick Johnston, he suspended, alleging he had obeyed, in so far as he had removed within twenty days after Whitsunday last. Answered, Though that latitude may be received in houses, yet this being a brewhouse, it cannot excuse him; because by the constant custom of Edinburgh and Leith, persons remove from them the very next day after the term; and there is this good reason for it, because such houses, breweries, ovens, &c. have a daily and weekly profit resulting and arising from the use of them, which is not in other habitations, (what if they set out chambers?) and whereof he to whom they are set is deprived, and therefore this damage should be repaired. “The Lords, on Ferret's report, found him liable for the mail till Whitsunday next, in regard he did not remove immediately after the term, but kept it twenty days.
