Found again in conformity to Foulis against - - , No 94. P. 13855.
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In a removing from a yard, conform to a warning made 40 days preceding Candlemas last bypast, wherein the defender alleging, That no process ought to be granted upon this warning libelled, because the same is made 40 days preceding Candlemas, to remove at Candlemas, whereas warnings at such terms have no warrant, but are against the act of Parliament anent warning of tenants to remove, which appoints the same to be done before Whitsunday;—and the pursuer answering, That this warning being only made from a yard, to remove therefrom, may well and lawfully be made before Candlemas, which is the proper time of labouring of yards; and such warnings from yards before Candlemas are allowed, and process granted thereupon before all inferior courts within this kingdom;— the Lords found no process upon this warning, and that the same ought not to be sustained seeing it was not made before the ordinary term of Whitsunday to remove at Whitsunday as use is in other warnings and removings.
Fol. Dic. v. 2. p. 337. Durie, p. 590.*** Spottiswood reports this case:
One being warned 40 days before Candlemas to remove at that term from a yard in the Potter-row, the Lords would not sustain the warning, in respect of the act of Parliament anent warnings 1555 ordaining them to be made before Whitsunday allenarly.
