Rev Dr Johnstone, Minister, North Leith, and Gladstone, Treasurer, and Strong, Their Lessee v Chalmers, and Watson, Cooper: HL 6 Apr 1781

Teind Fish – Duty – Parole – Usage.- The minister of the parish of North Leith, by virtue of grants, has a right to exact a duty on all fish brought into the ports of Leith and Newhaven. Action being raised to enforce this right, held by the Court of Session, (1.) That the minister had no right to the tithe of fish brought into Leith and Newhaven, which were meant to be again exported, and, (2.) Nor to the tithe of fish which had paid teind where they were caught. In the House of Lords, affirmed as to the first point, but reversed as to the second; upon the ground, that a practice of so exacting teind on all fish brought into Leith and Newhaven, without distinction, was established by the proof led in explanation of the extent of the right.

[1781] UKHL 2 – Paton – 559, (1781) 2 Paton 559
Bailii
Scotland

Ecclesiastical, Taxes – Other

Updated: 13 January 2022; Ref: scu.562111