Scottish Court of Session Decisions

Subject_1 MULTURES, (THIRALGE.*)

A
v.
B

Date: 17 June 1742
Case No. No. 8.

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A clause of thirlage of a Burgh of Barony, and likewise of the adjacent lands all feued out, being in these terms;

“Omnia grana sua et fruges quantum serviunt pro sustentatione ipsorum domus et omnia alia grana tam brassium et triticum quam omnia alia grana et fruges in eorum possessione ignem et aquam patientia ad molendina nostra granaria et ustrinas de Kelso ibidem moliri, et multuras et divorias pro iisdem solvi solitas et consuetas solvere;”

—the question was, as to malt imported into the thirl whether grinded or ungrinded, and afterwards brewed within the thirl; and it seemed agreed, that neither meal nor flour imported was liable to pay multure, because they were not grana nor segetes nor triticum; and it was also agreed, that malt imported ungrinded and afterwards consumed within the thirl was liable, for that was properly brassium, and might properly enough be called grana; but the doubt was as to malt that had been grinded before it was bought or imported into the thirl, but afterwards brewed within the thirl, and that was found also liable to pay multure, 10th December 1741.—Adhered to after bill and answers, 17th February 1742. Vide these last papers as to the import of tholing fire and water, and particularly as to Craig's ustrina vel clibano. Vide contra Harcarse, (Dict, No. 46. p. 15987.)