Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 15 June 1672
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A declarator of property being called, it was alleged there could be no process upon the first summons, because it was only upon six days; whereas it should have been upon twenty-one days. replied,—It was privileged. duplied,—These privileges were but granted periculo petentis, and so could not defend.
This being taken to interlocutor, the Lords found no process upon the summons, as evil raised and executed; and for shunning the like error in time coming, they did make an act of sederunt, that all declarators should be upon twenty-one days warning. Vide supra, No. 199, [Macraw against Lord Macdonald, July 5, 1671.] See the act of sederunt now regulating this. Vide supra, No. 303, [Town of Stirling against Unfreemen of Falkirk, &c. January 18, 1672; infra, page 642.]
