Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Subject_3 Subjects to be valued.

Lord Adam Gordon
v.
James Duff

Date: 1 July 1773

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[Faculty Collection, VI. 244; Dictionary, 8656.]

Auchinleck. Here boats were furnished to the tenants by the proprietor. This is no feudal property, but merely a rent arising from the furnishing. If one should have a coach-house, and let it with coaches and chaises, this would be no feudal property, as to the profit of coaches and chaises.

Gardenston. This is an imaginary valuation. By the same rule, a right of catching fowls in the air might be valued, as a right of catching fish in the sea.

Pitfour. There can be no valuation of fishing, unless the fishings are held of the Crown: How can a white fishing be held of the Crown?

Auchinleck. The sasine is good, were there any thing to be seized in.

On the 1st July 1773, “The Lords repelled the objection to the sasine, but sustained the objection, that the fishing-boats was no feudal subject.”

Act. H. Dundas. Alt. Ilay Campbell.

1773. August 6.—Coalston. I doubt how far the King has a power of granting an exclusive right of white-fishings.

Pitfour. Not in the sea, but in creeks.

Alva. Have persons on whom such rights have been conferred, ever pretended to exclude others?

Justice-Clerk. I will not inquire into the general question. There is a just foundation for a rent established on houses, boats, and fishing. From the conveniency of situation, fishers can afford to give a rent. Here is a fixed standing rent. There are such rents on many parts of the coast of Scotland.

On the 6th August 1773, “The Lords found that the freeholders had done right in enrolling Mr Duff.”

Act. H. Dundas. Alt. D. Rae.

Diss. Alva. Non liquet, Coalston.