Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Aiton
v.
Spence

Date: 26 July 1673

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James Spence pursues an adjudication of certain lands belonging to Kinkel, upon the late Act of Parliament. Compearance is made for Aiton of Kinadie, who alleged, That he hath apprised Kinkel's whole lands; and that, by the Act of Parliament, adjudication hath no place where apprising hath preceded. It was answered, That the Act of Parliament excludes adjudications only where apprisings were led before the date of the Act; but this apprising is led after. It was replied, That the compriser had completed his apprising within forty days after publication of the Act; which, as to legal effects, is the same with the date of the Act; because, by a clear Act of Parliament, it is provided, “That Acts of Parliament shall only have effect within forty days after the publication thereof;” and that most necessarily, because the lieges are in tuto to proceed according to laws standing, until the notice of the new law may come to their knowledge; which the statute hath determined to be presumed to come to the knowledge of the lieges within forty days after publication. It was duplied, That the Act of Parliament was only to be understood of penal laws. The Lords found, That the apprising being deduced within forty days after publication of the Act anent adjudications, that the apprising was valid, and did exclude this adjudication.

Vol. II, Page 222.