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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Colonel Robert Skene v James Reddie and Others. [1775] Hailes 675 (20 December 1775)
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Cite as: [1775] Hailes 675
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[1775] Hailes 675
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 THIRLAGE.
Subject_3 Astriction to a Kiln, though resorted to by the sucken, is not a part of the Thirlage.
Date: Colonel Robert Skene
v.
James Reddie and Others
20 December 1775 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VII. 161 Dict, 16,062.]
Hailes. I never read of any servitude as this,—a thirlage to a kiln. Craig, iildeed, mentions clibanus, by which he understands a malt-kiln; but that has, nothing to do with the present case. We must not introduce new servitudes into the law.
Covington. I never read of such a servitude in any of our lawyers, nor did I ever see it in any writings.
Kaimes. In some parts of the country, every man has his own kiln; in others not, and then they resort to the kiln at the mill.
Gardenston. I considered this as an incident of the thirlage inconvenient to no one, for the work is done as cheap by the miller as the persons thirled could do it to themselves.
Coalston. In East Lothian, it is the practice to go to the kiln of the miller; but this is understood to be from choice, not necessity.
On the 20th December 1775, “The Lords found the defenders not thirled to the kiln;” altering Lord Gardenston's interlocutor.
Act. A. Abercromby. Alt. J. M'Laurin.
The electronic version of the text was provided by the Scottish Council of Law Reporting