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Scottish Court of Session Decisions >>
Tacksmen to the Bishop of the Isles v Brown. [1631] Mor 15631 (15 February 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor3615631-017.html Cite as:
[1631] Mor 15631
Tacksmen of teind fish pursued the merchant who bought them for the teind. Their exception, that the takers only were liable, was repelled, and custom of payment by buyers and intromitters sustained.
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Bryce Semple and John Shaw being tacksmen to the Bishop of the Isles of the teinds of all fishes taken and slain within the isles of Scotland, and having, upon their decreet of letters conform thereto, charged George Brown, in Edinburgh, to make payment to them of the teinds of certain quantities of fishes slain in the Isles, which were received and intromitted with by the said George; who suspending, that he was not subject to pay the said teinds, he having bought the same from the takers thereof, so that they who took and slew the same ought to be convened for the teind thereof, and not he who bought, as said is; and it being answered by the charger, that the receivers and intromitters with the said herring and fishes, whether they slew them or not, have been in use to pay teind therefor, to whatever sea-port they were transported, and that past memory of man;—this answer upon the custom of payment made by the buyers and intromitters was sustained and found relevant.
Act. Mowat.Clerk, Gibson.
Fol. Dic. v. 2. p. 437.
Durie, p. 569.
