Scottish Court of Session Decisions

Subject_1 MULTURES, (THIRALGE.*)

Earl of Hopetoun
v.
The Feuars of Bathgate

Date: 21 November 1753
Case No. No. 12.

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Earl of Hopetoun is infeft in the Barony of Bathgate, (which is part of the principality) and in the mill of the Barony with multures and sequels; and some of the brewers in the town having set up steel-mills, he pursued a declarator of astriction, and for suppressing the steel-mills; and proved that the feuars of houses and kail-yards in the town, who were also brewers, were in use of bringing all the malt to the mill, and paying intown multures; that the miller set apart one day in the week for grinding their malt, and that one carrier's horse was employed by all the brewers, and paid by them for carrying their malt; and proved also by parole evidence, the fining some of the inhabitants who bought ground malt without the thirl and brewed it within the thirl. The Lords declared unanimously in the astriction, and for suppressing the steel-mills, though the defenders proved their going sometimes to other mills in the open day, though not that the miller knew it, and though the defenders alleged that he had not proved 40 years possession against any one particular feuar.