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[1678] 3 Brn 268      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Paterson
v.
John Wilson, Mason

Date: 19 December 1678

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Paterson against John Wilson, mason. Newton found competent and omitted, in inferior decreets, not receivable where the exception omitted consists in jure, because the party and his procurator might be ignorant thereof; but not where it consists in facto, præcipue proprio vel recenti, that the party cannot but know of.

Vol. I. Page 29.

Anent the Punishment of Perjury.

The pains of perjury, by 19th Act 1551, viz. confiscation, infamy, and warding, seem too slender, and its punishments ought to be augmented to death. See M'Keinzie's Criminals.

Vol. 1. Page 30.

Anent Debita Fundi.

The price of a minister's manse, nor the communion elements, are not real contra fundum, nor onera realia quoad bygones, but only for the future. See the Act of Parl. 1649, making the stipends of ministers debita fundi; but it is rescinded. See a similar case, 19th December 1679.

Vol. I. Page 30.

Anent Resignations.

It proves very oft prejudicial, that there are no diets of Exchequer more frequently kept in the vacance for receiving resignations; whereby the granter of the procuratory of resignation dying, the whole falls, and the infeftment cannot be expede upon that procuratory. The Act of Parl. 1600 empowers the Secret Council to accept resignations; but that Act is in desuetude.

Vol. I. Page 30.

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/1678/Brn030268-0333.html