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Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. I.
Vassals in lands forfeited by the superior. - Fishings may be joined to lands to complete a qualification. - Proprietor pro indiviso. - Feu-duties payable out of church-lands. - Mortified lands sold. - To give a qualification there must be a feudal vassal in the lands. - Bodies corporate. - Minors. - Exchange of pieces of land. - Infeftment in virtue of a clause of union, and dispensation in a Crown charter. - Burgage lands sold by the burgh. - Where the superior is unentered. - Person divested by a trust-deed. - The claim must describe the title for enrolment. - Eldest sons of Peers. - Charter granted by a factor loco tutoris. - Roman Catholics. - Officers of the Revenue.
Boyes v. Hamilton
Date: 21 December 1780 Case No. No 112.
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Campbell had been enrolled in 1779, on the lands of Monkcastle, belonging to the Earl of Eglinton, which had formerly belonged to the Abbey of Kilwinning, elected into a temporal lordship in favour of the family of Eglinton. No complaint had been made of this enrolment; but at Michaelmas 1780, Mr Boyes claimed to be enrolled, partly on these lands of Monkcastle, to which he derived right from the Duke of Hamilton, whose family were the church vassals, and had them contained in their Crown charters for above a century. The freeholders rejected Mr Boyes's claim, in respect that Mr Campbell stood already enrolled on these lands. On a complaint, the Lords found they had done wrong, and ordered Mr Boyes to be enrolled.—See Appendix.
