Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. I.
Vassals in lands forfeited by the superior. - Fishings may be joined to lands to complete a qualification. - Proprietor pro indiviso. - Feu-duties payable out of church-lands. - Mortified lands sold. - To give a qualification there must be a feudal vassal in the lands. - Bodies corporate. - Minors. - Exchange of pieces of land. - Infeftment in virtue of a clause of union, and dispensation in a Crown charter. - Burgage lands sold by the burgh. - Where the superior is unentered. - Person divested by a trust-deed. - The claim must describe the title for enrolment. - Eldest sons of Peers. - Charter granted by a factor loco tutoris. - Roman Catholics. - Officers of the Revenue.
Hamilton v. Bogle
1781.
February. Case No. No 113.
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Where a freehold qualification depended on the old extent, it was argued, that a very small dismemberment, for the purpose of straighting marches, must be fatal, though the ground received be equal in quantity and quality; for since the old extent of the freehold was only forty shillings, the smallest alteration might reduce it below the legal standard, and no division of the old extent can now be made to ascertain the truth. The Court repelled the objection, and their judgment was approved of by a Committee of the House of Commons.——See Appendix.
