Three consecutive discharges by the same person, though granted to two persons, viz. two to the father and one to the son, found sufficient to liberate from bygones.
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Mr David Williamson, minister, charging the L. Balgillo to make payment of certain duties addebted to him by the defender, for his stipend of divers years bypast, and he suspending, That he had made payment to the charger of the duty, for the year condescended on, likeas his umquhile father had paid to him the same duty these two years which immediately preceded that year paid by the suspender, whereupon they had reported the charger's three several discharges of these three years, which payment presumes, in law, payment of all years before the three years discharged, and must produce liberation to him of all the said bygone years; the Lords found, That this payment made of these three years, immediately succeeding each one to the other, without interruption or intervention of any years betwixt them, and to be proved by three several acquittances, as the party offered to prove, were sufficient to produce liberation to the suspender from all bygones before these years discharged, the charger not having excepted nor reserved any year therein; neither was it respected that these three discharges were not granted to one and the same person, there being two granted to the father, and one to the son, now suspender, which was found sufficient, seeing, albeit the same were granted to divers persons, yet they were granted by one person, viz. by him who acclaimed the bygones, from which he was excluded by his own deed, L. quicunque lib. 10. t. 22. C. De apochis publicis: quod licet obtineat in negotiis publicis per dictam legem, tamen et obtinet quoque in rebus privitis. et Gloss. ad Legem 2. de jure emphiteutico dicit, tenere in solutione canonis pro prædio emphiteutico, ubi dicit hanc solutionem posse probari, vel per testes, vel per confessiones, vel per scripturam, idque dicit in margine teneri ab omnibus doctoribus.
