Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 22 February 1688
Walter Gibson v. Crawfurd of Carsburn
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Walter Gibson, Provost of Glasgow, his charge against Crawfurd of Carsburn, on an Admiral-decreet, was reported by Collington. The Lords ordained merchants to give their opinion, whether, if a ship be sold where the buyer undertakes the burden of the outreik, if masts will fall under the notion of outreik, seeing she could not be a complete ship without masts. Vide l. 44 D. de Evict.; Molloy, de Jure Maritimo, p. 194; and Loccenius, lib. 1, c. 2. 2do, To give their advice and report what is the custom of the Carribbee islands, of giving gratifications to the governors, that their ships may be declared free; and if the ship bears all or only a third part of it; for which Molloy was cited, lib. 2, cap. 6. And found no annualrent due for the outreik, and that they were not such impensæ in navem as bore annualrent, as victuals, provisions, and bottomry do.
