Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Presumption of Death
Date: 29 June 1671
Click here to view a pdf copy of this documet : PDF Copy
An allegeance of death of one that is known to have been out of the country, being admitted to probation; quæritur, I producing his wife's contract of marriage with another man, if that will be reputed a sufficient probation that he is dead? I think it will, providing always the wife has used the solemnities appointed in such a case by law, viz. waited seven or ten years without hearing from him; then caused cite him at the market cross of Edinburgh, Pier and Shore of Leith on sixty days, which being elapsed, then got a declarator of his death; after which he will be reputed dead, though in rei veritate he may be yet in life. But if it be malicious desertion, then not this method, but the order prescribed in the 53d act of Parliament 1753, is to be observed.
