Duke of Hamilton v Urquhart
| Jurisdiction | Scotland |
| Judgment Date | 12 November 1841 |
| Date | 12 November 1841 |
| Docket Number | No. 3 |
| Year | 1841 |
| Court | Court of Session (Inner House - Second Division) |
Lord Cuninghame. Teind Clerk.
Teinds—Superior and Vassal.—
THE objector, the Duke of Hamilton, was titular of the teinds, and an extensive heritor in the parish of Hamilton; the family of Hamilton having been, from an early period, titulars of the teinds of that parish. The respondent Urquhart was proprietor of certain lands and teinds in the parish, which he held of the Duke by feu-charters originally granted by the predecessors of his Grace to the predecessors of Urquhart in the seventeenth century. As regarded the teinds so feued out, the reddendos in the charters stipulated for payment by the vassal to the superior, ‘or, at his option, to the (two) ministers of Hamilton and their successors,’ of certain quantities of victual annually, ‘in name of feu-farm duty for the teinds.’ Subsequent to the date of the feu-charters, these teind-duties were in general appropriated to the minister, and paid by the vassal to him, to account of the old stipend payable at the date of the charters, the Duke of Hamilton's predecessors, as lay-proprietors in the parish, paying the balance of the old stipend. An augmentation having been awarded in 1697, an amount of stipend was laid directly upon Urquhart's predecessor and the other heritors in the parish, whose teinds were similarly situated, corresponding to the respective payments exigible from them by the superior as teind-duties, the portion of stipend remaining unprovided for being paid out of the teinds of the titular's own lands. Augmentations were successively awarded in 1795 and 1814, provision therefor being made by a final scheme of locality in 1826. This scheme proceeded on the principle that the allocations for the old stipends were not to be disturbed, (the teind-duties above mentioned being allocated as I before on Urquhart's lands,) and that the later augmentations were to be laid proportionally on the teinds of the Duke's lands, and of those of the feuars holding right to their teinds.
An augmentation having been again awarded in 1834, the present process of locality was brought; and an interim scheme was prepared, whereby the same allocation of old stipend, inclusive of the teind-duties, was continued, and a proportion of the augmented stipend added to the assessment on each heritor, corresponding to the unexhausted teinds held by the several heritors, after deduction of the old stipend. To the principle of this...
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