Jurisdiction of Proprietors who are not the King's Vassals. - Jurisdiction of those who are infeft cum curiis.
Chessors, Tenants in Fedderet, v. Mr Robert Keith of Lentush
Date: 23 December 1692 Case No. No 265.
A charter from a superior cum curiis et bloodwitis, entitles the vassal to name a bailie, who may fine in L. 50 for blood, and L. 10 for contumacy.
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The Lords found, though Fedderet held of Drum, and so was not the King's vassal, yet his charter being cnm curiis et bloodwitis, that it gave him right to make a deputation of bailiary; and that it has been so decided, is both observed by Durie and Stair; and that the baron bailie might, in absence of the party cited, both lead probation for the riot, and fine him for that, and also amerciate him for his contumacy and absence; and that he might fine for blood as high as the sheriff, viz. in L. 50 Scots, and for absence in L. 10; but that the Lords might modify these fines. But the Lords having considered the sundry informalities in the sentences and executions of poinding, though they would not annul the decreet (for then the poindings would have been a spulzie), yet they decerned Lentush in restitution of their poinded goods for his fines, if they were extant; and if they were sold or disposed of, to count for the prices contained in the instrument of poinding; but would not give the tenants their juramentum in litem; and thought it reasonable, that during the dependence between Artamford and Lentush, neither of them should harass their tenants with fines, till it should be determined which of them ought to have the possession.
Fol. Dic. v. 1. p. 504. Fountainhall, v. 1. p. 538.
