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Michael Macolm of Balbedy pursues Rutherford of Navity, and Beatson of Coulin, in a declarator of thirlage. Alleged, They acknowledge astriction, but quoad the small duties and the services in reparing the mill, they cannot be liable, because, by the contract of feu, they are only thirled to a peck of multure for each six firlots, and it bears no mention of any more; and these servitudes being stricti juris, are not to be ampliated. Answered, He opponed his own infeftment, bearing, cum molendinis et multuris earumque sequelis; and the small duties and services were but a pendicle and accession, unless they could say exemption, either by express paction or prescription; and it was so found, 27th February 1668, Maitland against Lesly, No. p. The Lords found the knaveship and other small services due as well as the multure, notwithstanding of the contracts which were neither taxative nor exclusive.
