A feucontract contained a clause of relief by the superior in favour of the vassals ‘to free and relieve’ them ‘of the whole cess or land-tax, feuduties or other duties, ministers’ stipends, schoolmasters’ salaries, and other public burdens due and exigible out of the whole lands and subjects hereby feued, or that may become due and payable for or from the same in all time coming.’ Held (aff. judgment of the Court of Session) [ a] (1) that such clauses cover all burdens except such as have been ‘imposed by supervenient legislation;’ [ b] that they therefore cover poor-rates; and [ c] that liability under them is not restricted to the proportion of assessments effeiring to the feuduty; and [2] that under the clause above quoted the measure of the sum demandable in relief was not limited by the amount of the feuduty.
Held [ aff. judgment of Court of Session] that assessments imposed under certain Private Acts relating to the Caithness County and Wick Burgh Roads, passed in 1830, 1838, and 1860, were not covered by an obligation in a feucontract, dated in 1823, to relieve a vassal from public burdens payable ‘now ‘or ‘in all time coming.’
Judges:
Lord Chancellor, Lord Hatherley, Lord Blackburn, and Lord Gordon
Citations:
[1878] UKHL 772, 15 SLR 772
Links:
Jurisdiction:
Scotland
Land
Updated: 06 October 2022; Ref: scu.646310
