Scottish Court of Session Decisions

Subject_1 TEINDS.

Minister of Cushney
v.
The Heritors

1752, July 22.
Case No. No. 34.

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

In a process of modification and locality, as the teinds were of small extent, the Minister made all possible objections against deductions; and, 1st, a large article paid by the tenants to the heritors, in name of multures. We agreed, that as ordinary multures are teind free, should the heritors convert them to dry multures, so as the tenants would pay nothing at the mill but knaveship, &c. that is for the miller's labour, but not for the mill, these dry multures should also be deducted; but if under that pretence a victual rent should be paid, more than the multures could amount to, that should be liable in teind. Therefore before answer we ordained the parties to show what multures would by the custom of the country be paid at the mill out of an estate of that extent, or what rent the millers in the neighbourhood paid for the mill and multures. 2dly, As to poultry, we thought, what are called reek-hens, and are paid out of every cot-house or reek are teind-free, as the houses are; but other custom fowls are liable, agreeably to the words of the act 1633, by which the price is to be rated of all teinds consisting in money, victual, or other bodies of goods; and therefore we considered such a number of reek-hens as we thought suitable to the estate. 3dly, We thought that such services as are usual and bona fide paid, ought to be teind-free, though they be converted; and remitted to the Ordinary to enquire whether the converted services here were such as was agreeable to the judgment 23d July 1740, Douglas of Dornock. (No. 14.) 4thly, Found that all other customs but these reek-hens must be considered as rent, and not deducted in valuing the teind. 15th Nov. Adhered.