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Scottish Court of Session Decisions >>
Jonet Newtoun v N. Ker of Mersingtoun. [1533] Mor 16218 (00 January 1533)
URL: http://www.bailii.org/scot/cases/ScotCS/1533/Mor3716218-011.html
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Albeit the superiour, tutor, or ony uther persoun, have the keiping of the persoun of the pupil, nevertheles the pupil beand of fourtene zeiris of age compleit, his persoun is not under his keiping, bot he is fre, and at his awin libertie; because ward and keiping of minoris pertening to the superiour, tuiching the keiping of the minor's persoun, the samin endis at the samin terme and zeiris as tutorie usis to do, viz. at fourtene zeiris; albeit it be utherwayis tuiching landis, gudis and geir, the keiping of which enduris quhill his perfeit age. Gif the superiour gevis and disponis to ony man the ward and mariage, or allanerlie the mariage of ony air, pertening to him, the said donatar aucht and sould not have the keiping of the said air's persoun, he beand of the age of xiiij. zeiris compleit, because he is then at his awin fre will and libertie to remane quhair he pleisis, et intelligitur venisse in suam tutelam, et esse in sua ipsius custodia.
Balfour, p. 337.
*** The like found 26th March, 1534, William Mathesone against Jonet Wedderby. Ibidem.
