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Scottish Court of Session Decisions >>
William Robertson v John Gibson of Durie. [1761] Mor 12799 (6 August 1761)
URL: http://www.bailii.org/scot/cases/ScotCS/1761/Mor3012799-023.html Cite as:
[1761] Mor 12799
After a feu of the water of a dam for the use of a mill, the original proprietor cannot put a cruive into the dam-head.
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William Robertson took a feu of a piece of ground from Mr Gibson of Durie, in order to erect a saw-mill and iron-mill upon it. Above this mill there was a dam and dam-head; and in order to secure the water, Mr Robertson got in his feu-right a privilege “of employing all the water running from the foresaid dam-head to the sea, or what more water he can bring in from the foresaid dam-head, by widening and deepening the said lead to the saw or iron-mills, excepting so much of the said water as shall be requisite for the service of the said corn-mill called the Rass-mill, or of any other corn-mill to be built in place of the said Rass-mill.” Further, Mr Gibson obliged himself, “That he should not set or assign, or otherways dispose of the water from the dam-head of the Rass-mill-lead to the sea, or any other water within its privilege, to any persons for the service of any saw or iron-mill.” Lastly, Both parties obliged themselves, “jointly to repair and keep up the dam-head of the said Rass-mill-lead, and to be at the equal half of the charges in repairing and keeping up the same during the continuance of the saw or iron-mills.”
Mr Gibson put a salmon-cruive into the dam-head; the effect of which was, that when the sluices of the cruive were open, there was a waste of water; and the sides of the cruive being built higher than the dam-head, prevented the ice from getting over, which would otherways have been carried off in time of speats. Mr Robertson brought an action to have this novum opus removed.
“The Lords ordered the cruive to be removed.”
Act. Dalrymple.Alt. Lockbart & Rae.
Fol. Dic. v. 4. p. 174. Fac. Col. No 60. p. 144.
