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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Memorial for the Clerk of the Register of Hornings to The Lords of Session. [1746] Mor 11224 (5 June 1746)
URL: http://www.bailii.org/scot/cases/ScotCS/1746/Mor2711224-400.html
Cite as: [1746] Mor 11224

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[1746] Mor 11224      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION XIV.

Time of Prescription how Computed.

Memorial for the Clerk of the Register of Hornings to The Lords of Session

Date: 5 June 1746
Case No. No 400.

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A horning denounced within the year after the charge, and offered to the Register within fifteen days after the denunciation, has been by the constant practice registered.

There is now one presented, the charge is given the 11th, 17th, and 25th days of October, 5th, 7th, 26th, 27th, 28th, and 30th days of November 1744. It is denounced the 3d day of June 1746.

An act of Parliament passed in the present Session, enacts, “That the time and space betwixt the 16th of September 1745 and the 1st of June 1746, should not be reckoned in any short prescription.”

The Clerk of the Register of Hornings humbly prays for the direction of the Court how he is to act.

The Lords having considered the above memorial, were of opinion, That the Clerk to the Register of Hornings ought to register the above horning and denunciation, and ordained the memorial and deliverance thereon to be insert in the books of sederunt.

Fol. Dic. v. 4. p. 112. D. Falconer, v. 1. No. 10. p. 131.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1746/Mor2711224-400.html