Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Lord Colvil
v.
Andrew

Date: 9 February 1628

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In a suspension betwixt the Lord Colvil and Andrew, who, suspending charges upon a contract, for payment of victual annual-rent, anterior to the Act of Parliament, 1597; wherein the suspender offered and consigned the annual-rent, according to ten for ilk hundred, and desired the letters to be suspended for the victual acclaimed, in respect of the said act, albeit the contract preceded that Act;—the Lords sustained the charges for the victual annual-rent, in respect the contract was before the said Act, and found that the Act struck only upon contracts and writs astricting parties to pay more than ten for the said hundred since the date of that Act. But the Lords declared, that if the suspender, betwixt and Whitsunday, redeem the annual-rent, by payment of the sum, and all the byruns preceding that term, that, in that case, or by the consignation thereof, in case of refusal to receive the same, he should be free of all greater annual-rent which might be sought from him for that term thereafter; and superseded the charges, while the said term.

Act. ——. Alt. Bruce. Hay, Clerk.

Page 343.