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Scottish Court of Session Decisions >>
Gray and Clark v Rait and Others. [1740] Mor 16024 (24 January 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor3616024-090.html Cite as:
[1740] Mor 16024
Thirlage of invecta et illata, what it comprehends?
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Where there is a thirlage of invecta et illata, it will extend to all corns bought by the inhabitants and grinded within the thirle; but, unless there be an established usage to the contrary, it does not comprehend meal or flour imported by the inhabitants grinded before it is bought.
And accordingly in this case it was found, that the baxters of Perth, the inhalants whereof are thirled to the town's mills for invecta et illata, were not liable to pay dry multure for flour imported from England, but that they were liable for the multure of wheat bought by them and grinded at other mills. Invecta et illata, or tholling fire and water, is only understood of steeping and kilning, but not of baking and brewing.
