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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Wigton v The Town of Kirkintilloch. [1736] 1 Elchies 295 (19 June 1736)
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Cite as: [1736] 1 Elchies 295
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[1736] 1 Elchies 295
Subject_1 MULTURES, (THIRLAGE.)
Earl of Wigton
v.
The Town of Kirkintilloch
1736 ,June 19, Dec. 15 .
Case No.No. 3.
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We seemed to agree that there was here no prescription to astrict the invecta et illata, either in general, or such as are consumed in the barony; and we thought that it resolved in a question in law, Whether a general astriction imports an astriction even of invecta et illata, at least in so far as is necessary for the families or consumers, especially where there is a burgh of barony in the thirl. And we found that the grana crescentia necessary for the use of the families are astricted. 2dly, That they cannot sell these and buy others in their place, otherwise those imported are astricted. 3dly, That ground meal or malt bought and imported, and consumed by the inhabitants, is not thirled. 4thly, That grain imported, and afterwards ground and consumed, is thirled. 15th December, The Lords Adhered. (See Note of No. 2.)
The electronic version of the text was provided by the Scottish Council of Law Reporting