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Scottish Court of Session Decisions >>
The Procurator-Fiscal of the Regality of Hamilton v Lawrie. [1676] Mor 8242 (14 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor2008242-006.html Cite as:
[1676] Mor 8242
What is comprehended under a liferent right of lands.
The Procurator-Fiscal of the Regality of Hamilton v. Lawrie
Date: 14 July 1676 Case No. No 6.
Liferenters were found liable to keep head courts of regality, and not the fiars.
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The Procurator-Fiscal of the regality of Hamilton charges William Lawrie liferenter of Blackwood, and his son the fiar thereof, for amerciaments for absence at the Michaelmas courts, at L. 50 for each absence of both; which L. 50 they suspend on these reasons, 1mo, That by their infeftments they are not obliged to keep any high courts, but have their lands cum curiis; 2do, There is no fixed diets of the high courts, and therefore they are not obliged to keep them without citations; 3tio, By their ancient infeftments, they are obliged to keep the courts at Lesmahago, being a cell of the Abbacy of Melrose, within which these lands lie; 4to, Both liferenter and fiar cannot be obliged for two suits for the same land; 5to, The amerciament is exorbitant, and the Lords have been accustomed to modify the same. It was answered for the charger, That the suspenders infeftment being ward, they are liable for suit and service by the nature of their right, which the Lords found relevant. To the second and third, it was offered to be proven, that the diets were fixed, and that it was as convenient for them to keep them at Hamilton as Lesmahago.
Which the Lords found relevant, but found the liferenter only liable for the suit, and modified the same to L. 20 for each absence.
