1000000030

to uni\l1:rGlie3,

hofpi!~ls,

be.

f.lere not afFeélc<fb)' tÍlat

Ilno~.mioo; ~od

hnds may,

this

d~y.

be mOltified

an)' lawful purpofe, cithe: by

bla~ch

by feu

Iwld–

¡ng.

Tit.

12.

tbe Cn!ualticJ due to theSupel'Íol'.

right of the fuperior continues unimpaired, noto

witl,lIanding the feudal graot, unleCs io

far as the

do–

minium utilt,

or propertY', is conveyed to his vall'al.

The fuperiority carries a right to the fervices aod anll\1al

d~ties

coot.ined in the

rddtndo

of the vaITal', cbartel.

The duty

pay~ble

by the vatral is a

Jtbi/llm fundi

h]s

lecovelable, not only by a pelfooal aélioo agaioll

himlClf, bUI by

réal allion againll the land!.

Befides the conllant fixed rights of Cuperiority,

there alc othels, which, becauíe the1 depend upoo un–

cmain events, are called ,,(ua!ties.

The caCualties plopet to award holding, while that

~enure

fubfi(led, were ward, recognition, aod marriage,

which it is now unnecetrary to explaio, al by the late

{!atutes

and

Cto.

Ir.

for abolilhing ward-holdings,

lhe teoure of tbe lands holden ward o( the .Crown 01

frince is turned into

Manch,

fOI payment of one penny

Scots )'early,

pr""ur lanlum ..

and the tenure of thofe

~olden

of fubj eéts, inrofto, for payment of fuch yearly

-(eu-duty in money, viétual, 01 cmle, in place of.1I fer–

vices, as !hall be 6xed by rhe court of Seillon.

And

~ccordingly

thar eourt, byaél of federuot Feb.

1749,

,aid down rules for aCcenaining Ihe exteut of lheCe feu–

duti:s.

The ooly eafualty, or lather

forf~ilgr~,

proper

{NI-holdings, is the lofs or tinfel of the feu·righl. by Ihe

negleél of payment

rhe feu -dury for two full yem.

Yet where Ihere is no convenrional irlitancy in the feu.

right, the 'arral is allowed to purge tbe legal irritancy at

the bar; Ihat .is, he may preveot the forfeiture, by

m~kiog paymenr before fentence: bu! where the legal irri–

tancy is foni6ed by a conventionaJ, he is no!

aHo~ed

pUlge, unlefs whm he eao give a

gpod

reafon for the

dela.y of payment.

The

~Cualries

eommen lo an holdings ale, Doo-en·

1ry. Ielief, ·Iiferent·efehm, difclamatioo, and purprell:ure.

NOH'1:H TR

is that cafualty whích arife! 10 the fuperior

c¡m

of the rents of the feudalfubjefl, through the beir'soe·

glefting to reoew rile 'invell:iture .fter his ancellor's death.

The faperior is inritJed <to this cafualty, not ooly where

the heir has no! obtained himCelf

inf.ft

, bUl where his

retourisfet ,fide upon oullities. Theheir, flom the dealh

of the ancenor, till he be cited by the fuperiol in a pro·

cefs of general deelarator ofoon-entry, 10Ces only the

le·

toured duties of hislands, (feeoext parag.) ¡and he forfeit.

thefe. rhough his delay íbould not argue any comempt of

,he Coperior, becaufe the cafualty is confidered to fall,

.as a condition implied in the feud al right, and nor as a

peoalty of tranfgreffion: Bur, "here the delay proceeds

IIOt from the heir, but from the fuperior, uorhing is foro

{eited.

FOI underll:anding lhe nature of retoured duties, it

lI1ull: bc known, that thete was ancientJya general valua–

tion of all the laods io Scotlaud, defigned both for re-

Vo~.

11.

Numb. 64'

j¡olatine thc Ilroporríon ofpublic fubfidies,

2nd fo:

aCcer–

raioiog rhe quantity of noo·enrry and relief·duties payable

to the fuperior¡ which appears, by a contraél betwixl

Bruce aod his Cubjefts

anno

1327,

preCerved io the

library of the faculry of advocales, 10 have beco fettled

leall

(ar back

rhe reign of Alcxaoder

HI.

This

valuation became in the eourCe of time, by the imprcvc.

ment of agriculture, aod perhaps alfo by lhe heightniog

of the nominal va/ue of our mooey, from the reigo of

Roben

dowolVards to tbat of James

111.

much too

low a (landard for Ihe fuperior's cafual!ie!: Whmforc,

in all fervices of heirs, Ihe inquefl came at lafl to

ta~e

pr00f likewife of the prefeor value of the laods cootained

in the brief

(quanlum nuncfia/m/)

in order to

tbefe

cafuahies. The firfl was called the old, aod rhe other

the neIV extent. Though both exteolS were ordained to

fpeeified iD all retours made to the Chanwy UpOtl

brieves of ioquefl ¡ yet by the .ppell.tion of retoured

duties in a queRion eonceroiog caCualties, tbe neIV exteot

is aloiays under(lood. The old extent cootinued the

rule for levying public fubfidiel, till a tax IVas impofed

oew proportioos, by feveral .as made during the ufur–

patioo. By two aéls of Cromwell's parliament, held at

Wellmiofler

1656,

impofing !amions on Scot!lod,

die

mes laid upon the feveral couOlies are preeifely hedo

The {ubr,dy granted by the ·aél of coovcrnion

1667,

W31

levied on the Ceveral couoties, nearly in the fame propOI'

tioos tbat were

~xed

by the aCltrper

16,6;

and tbe

foms to which eaeh counry was fubjeéled were fubdivided

among the individuallaód·holders in thal'coumy, aceor.–

ding to rhe valuatioos already fettled, or that !hould

befeuled b.y the commillion appointed ts carry that aét

ioto execution. The renr

~){ed

by theCe valuationl

commonly called tbe valued reot: according to whieh the

land tax,

~od

moa of the other public burdens, havebeco

levied 'finee that time.

In feu-holdings, the fcu-duty is letoured as the

reot, bccal1fe the feu.duty is

pref~med

to be, and truly

was at fi rll, the rento The fuperio-r ·therefore

cif

a fea–

bolding get' DO noo-enlry, before citation in the general

declamor ¡ (or he wouldhave beco iotitled to the yearly

(eu·duty, though the f¿e had beeo full,

i. ~.

though there

had beeo a nlfal inferr in the dands. Tite fuperior of

teinds gets the fifth pari of tbe retoured duty'a, noa.

entry, becaufe the -)aw confidersleinds

be worth

Mlh par!

the renr. In right!

anoualreot which are

holdto of the granter, the aonualrenter becomes his

debtor's ..lfol; and Ihe aonualrcot comained in the righl

is retoured to the blanch or other duty contaioed io the

right

beCo

re deelarator.

.Ir is becaufe the retoured dOly is the prefumed reot,

Ihat the non-eutry is govcrned by it.

lhererore

retour of lhe lands in non-entry can be produced, nar

any evidence brought of Ihe retoured dury, thefuperior

is intitled to the real, or at le311 to the valued leOI,

even before cilatioo, [n lands forrnerly holden IVard of

Ihe King, the hcil, in place of Ihe r<toored duties,

fubjeéted only to the aunual payment of one

Cfnl.

the vafued rento

The hei r, after he is eired hy tite fuperior in the

aétioo of general dedmtor, is fubjefted lo.lhe fuJl reolS

9 T

till