Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. IV.
Removing, how past from.
Main v. March
Date: 24 June 1671 Case No. No 24.
Voluntarily receiving of mails and duties after a decree of removing is a passing from it, but if it be upon a decree for terms subsequent to the warning, it hinders not to charge for removing, so that there needs no new warning.
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Main having gotten a decreet of removiug against March, from a tenement in the Canongate, having thereupon charged him to remove, he did suspend upon this reason, that the charger after the decreet, had received mails and duties for terms subsequent to the removing, and therefore had past from the removing, and behoved to be of new warned. It was answered, that the payment of the mails and duties was not voluntary, but upon a decreet, and therefore was not a passing from the removing. The Lords did find the letters orderly proceeded, and found that albeit voluntary payment of a terms mail and duty subsequent to a warning, was a passing from the same, so that the tenants behoved to be of new warned, yet after a decreet of removing, he suffering the tenant to remain for another term, might pursue for mails and duties, and thereby did not prejudge his former decreet, both these remedies of law being consistent against an unjust possessor and tenant, to make use of his decreet of removing, and to charge and receive payment for the mails and duties.
Fol. Dic. v. 1. p. 432. Gosford, MS. No 362. p. 177.
