Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

-
v.
-

Date: 2 July 1742

Click here to view a pdf copy of this documet : PDF Copy

A Mill was feued out with the multures of the barony as possessed by Patrick —, formerly tenant of the mill. The question arose about the mains, Whether it was astricted by this clause, and to what extent. The fact was, that, during the possession of Patrick —, the proprietor of the mill had his mains in his own hands, and sometimes sent his oats to the mill, and paid insucken multure for them, at other times he sold his own oats and subsisted his family upon his farm meal; but his wheat and malt he always grinded at the mill of the barony, and paid the ordinary in-town multure.

It was contended, That, now the mill and the mains belonged to different proprietors, the same use of payment should continue, and the possessor of the mains should be liable to pay multures for all the corns he should actually grind; which would be considerable, as the mains was set to a tenant. To this it was Answered, That the setting or not-setting of the mains could not alter the nature of the thirlage.

The Lords found that there was no thirlage at all.—Dissent. Elchies et Drummore.