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Scottish Court of Session Decisions >>
Peter Couper, Commissary at Inverness, v The Magistrates of Inverness. [1665] 2 Brn 408 (16 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020408-0669.html Cite as:
[1665] 2 Brn 408
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Peter Couper, Commissary at Inverness, v. The Magistrates of Inverness
Date: 16 February 1665
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Peter Couper, Commissary at Inverness, comprises a tenement of land lying within the town of Banff, for a sum of money addebted to him by the heritor; then charges Sir Jo. Baird of Auchmedden, provost, with the bailies of the town, to infeft him therein in free burgage. This charge they suspend, 1mo, Because by an inveterate custom amongst them, whoever craves to be entered vassal of the said town must make himself burgess, and pay the accustomed duties therefore, which this charger has not yet done. 2do, Esto, There were no such law and practique amongst them as there is, yet the suspenders could never be forced to enter the charger till he had paid the yearly rent of the said lands comprised, and presented a formal charter to the suspenders for that effect, which is not done. 3tio, They can give no obedience to this charge, till the charger become an actual residenter of their burgh, and keep court and plaint, and pay common burdens as neighbours do.
To the first answered, non relevat, because beyond all controversy the suspenders are obliged to accept comprisers, albeit they be not burgesses. To the second answered, that the suspenders are obliged to accept comprisers without any composition to be paid for entry, seeing the lands are not holden of them as superiors, but of the king in free burgage, whose bailies the suspenders are; as was found in the decision of a former action, betwixt Hay of, and the Burgh of Aberdeen. To the third, it is not requisite a vassal compriser be a residenter in the burgh, in regard his lands must bear common burdens as other lands do within the burgh, whether he reside or no.
After which dispute, the Lords found the letters orderly proceeded, ay and while the suspenders entered the charger to the said tenement by infeftment, &c.; the charger always paying to the suspenders the duty used and wont.
Suspender, Mr. Thomas Baird.Alt. Sir Geo. M'Kenzie.
Signet MS. No. 76, folio 62.
