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Scottish Court of Session Decisions >>
William Barclay of Balmacleun, v Scott of Comiston. [1684] Mor 14286 (18 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor3314286-021.html Cite as:
[1684] Mor 14286
William Barclay of Balmacleun, v. Scott of Comiston
Date: 18 March 1684 Case No. No. 21.
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The Lords find the mid-stream acclaimed by the pursuer's declarator to be in desuetude, and therefore assoilzie Comiston from it: Find, he must observe the Saturday's slop not only in one of his cruives, but in all; and that the cruive-dike must be an ell and an half high above the water, as it runs in an ordinary current, from the 15th of April to the 15th of May, and must be built sloping, and not perpendicular; and that the hecks in his salmon cruives must be three inches wide, conform to the old acts of Parliament; and decern in this, as was regulated between the town of Aberdeen and the heritors on Don river, 26th January, and 29th July, 1665, as observed by Stair, supra.
Fol. Dic. v. 2. p. 360. Fountainhall, v. 1. p. 282.
