Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stirling of Keir v His Tenant. [1762] 5 Brn 888 (18 November 1762) URL: http://www.bailii.org/scot/cases/ScotCS/1762/Brn050888-1101.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.
Date: Stirling of Keir
v.
His Tenant
18 November 1762 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, III. No. 99, and Tait, Planting, &c]
In this case the Lords were of opinion, that the tenant was liable for the penalties of the Act of Parliament 1698, against the cutting of trees, without any proof that he was accessory to, or in the knowledge of the cutting of them. Dissent Coalston, who argued strongly against the severity of subjecting the tenant to such a punishment, contrary both to the letter and spirit of the act, as he apprehended it.
N. B. The Lords did not intend to establish any general rule in this case ; and there were specialties which no doubt had a great influence on the judgment, particularly that the trees were growing round the tenant's yard, and that he had been convicted himself of having cut six of them.
Adhered to, on a reclaiming bill.
The electronic version of the text was provided by the Scottish Council of Law Reporting