Scottish Court of Session Decisions

Subject_1 PUBLIC BURDEN.

James Duke of Montrose
v.
The Feuars of Kilpatrick

Date: 13 July 1711
Case No. No 22.

Feu-duty reserved by a Sovereign, in a charter of lands of his property not liable to cess after dissolution thereof from the Crown to a subject.

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Five chalder and two bolls of meal reserved by King Robert I. in the feu granted by him of the lordship of Kilpatrick, being in King James VI's. time made payable to the castle of Dunbarton for the subsistence of the garrison, and called the watch-meal;—in a process for payment thereof, at the Duke of Montrose's interest, (who for onerous causes procured the said feu-duty or watch-meal to be dissolved from the Crown in his favour) against the feuars of Kilpatrick, the Lords found, That the said watch-meal, being a fey-duty payable out of the Queen's property, was not liable to cess; in respect ever since the Excise was annexed to the Crown, cess is never imposed but by a voluntary offer made by the subjects to the sovereign.

Fol. Dic. v. 2. p. 291. Forbes, p. 525.