An apparent hier may be charged to enter any time after his predecessor's death; but no summons can be executed against him till the year and day expire.
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George Fausyde charged Adamson to enter heir to umquhile James Adamson of Cowthripill his father; thereafter pursued him for translation or implement of a contract. It was alleged, That the pursuer should have no process; because, by act of Parliament, it was provided, that no process nor charges should be used against an apparent heir while year and day were past after his father's decease, and the charge was used, being before the expiring of year and day. It was answered, That the act of Parliament was only militant in the pursuit of actions before the expiring of year and day; and that, albeit this pursuer's charge was raised and executed within year and day, he had not intented his action while after year and day.——The Lords remembering that they had so decided the Laird of Cluny against Errol, found the charge lawful within year and day, albeit they would not authorise any pursuit moved within year and day; and declared they would observe this as a practice in time coming.
