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Scottish Court of Session Decisions >>
Mr. James Reid, Minister of North Leith, v William Melvil. [1664] Mor 15634 (20 December 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor3615634-024.html
Mr James Reid, Minister of North Leith, v. William Melvil
Date: 20 December 1664 Case No. No. 24.
The Minister of Leith found to have no right to the tend of fish imported.
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Mr. James Reid charges William Melvil for the teind of hard fish bought by the said William in the Lewes, and imported by him at Leith. He suspends, on no right to this reason, that he bought the said fish from merchants in the market, and did neither take the same himself, nor bought them immediately when they were green from the taker, and so can be liable for no teind. The charger answered, That he is decennalis et triennalis possessor of getting 20s. of the last, of all fish imported at Newhaven; and, for instructing thereof, produces a decreet, in anno 1634, and another in anno 1662, and, if need be, offers him yet to prove possession. The defender answered, That these decreets are expressly against the fishers or takers of fish, but not against merchants buying and importing the same: And as for the custom, Non relevat, unless it were an universal custom, established by sentences; for if some few merchants should have, to save themselves trouble, given an uncertain acknowledgment, according to their own discretion, and no fixed duty, nor any compulsory way, it imports not.
The Lords suspended the letters, except only for such fish as should be taken by the boats and fishers of Newhaven.
