Scottish Court of Session Decisions

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

Town of Musselburgh
v.
Marquis of Tweed-Dale, &c

Date: 7 December 1743

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In the case of Stuart of Urchilberg against Stuart, 20th November 1739, it was decided, or rather given up, that a charter from a subject, with a clause “cum molendinis et multuris” in the tenendas, together with a reddendo of a feu-duty “pro omni alio onere,” was a sufficient liberation from thirlage. In this case it seemed to be the opinion of the bench that a charter from a private person, or even from the church, (which was the case here,) with the above-mentioned clause in the tenendas, was a sufficient immunity from thirlage, without the reddendo, pro omni alio onere. If, notwithstanding of this liberation, the suckeners had continued to go to the mill and pay in-town multures, it was doubted how far this interpretation would obtain, and whether or not these words in the tenendas would not be accounted mere words of style.