Date of Decision: 12 Feb 1772
Abstract: The Clan Act, as subsequently amended, enables agents of the Crown to hold lands previously owned by participants in the 1715 rebellion. These agents, called "commissioners," can appoint new tenants to the lands. Superiors of the lands are forced to either sell their land to the Crown or accept new tenants selected by the commissioners. Petitioner, Alexander Duke of Gordon, was one such superior who had yet to sell his land. Alexander maintains that the commissioners of the Crown must pay an entry fine (approximately one year's rent) to hold his land. The commissioners of the Crown argue that they are not obligated to pay an entry fine.
Subjects: Clan Act, Landlord and tenant

Published Report

Not Reported


Alexander, Duke of Gordon
John, Duke of Argyle, Commissioner for the Crown, trustee of forfeited land

People or Organizations Associated with Case

Advocate for Pursuer:
Alexander Lockhart
Advocate for Defender:
Sir James William Montgomery
Henry Dundas, Viscount Melville
Lord Ordinary:
Lord Kames