Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Sir John Shaw of Greenock v. Crawfurd of Carseburn
Date: 29 December 1698
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Sir John Shaw of Greenock pursues Crawfurd of Carseburn upon the 19th Act of Parliament 1617, to demolish his dovecote, because he has not ten chalders of victual lying within two miles thereof, as the said Act requires. And a probation having been granted, before answer, to try what kind of dovecote this was, and what rent he had adjacent thereto, and the damages done to Greenock's tenants' corn; and the same coming to be advised this day, it appeared this dovecote was built above a stable, and consisted of 218 holes, besides sundry closed up a little before; and that he had about £1100 Scots of rent there.
Answered for Greenock,—It appeared, by the probation, there was only six chalders of victual of arable ground, and that all the rest of the rents were made up of salt-pans, house-mails, and feu-duties, which could be no sustenance for doves to live on, and did not answer the design of the Act of Parliament, that doves should not oppress other men's corns.
Replied,—This cannot be called properly a dove-cote, such as the Act prohibits and condemns, but only a pigeon-house; and, by improvements, he has made his lands now worth £1000 Scots by year, besides the other extrinsic subjects of house-rent, &c.
The Lords considered the process as in œmulationem vicini, and that few dovecotes had been demolished on this Act, though there be many in some burghs of regalities and baronies, such as Dalkeith, &c. where the proprietor has but little rent adjacent; and yet the Act was reasonable, and could not be said to be in desuetude; therefore they allowed Carseburn a further probation, that he had land rent there, equivalent to the Act of Parliament, before they would decern against him. See Craig Feudor. p. 191, who tells, by the customs of Normandy, a land-interest is required in the owner of cunnygars as well as dovecotes, seeing cunnies make as much destruction and waste upon the neighbouring corns, if not more than doves.
