Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION 1976.
Anent Seasines on Precepts Forth of the Chancellary
1676.
November.
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In precepts forth of the Chancellary, for infefting whether upon retours, or on the mediate superior's disobedience, there is a clause, presentibus post proximum terminum minime valituris. Notwithstanding whereof, a notary gives seasine after the year is past. I think the seasine will be null, ope exceptionis, because it is given without a warrant. Hope, in his lesser tract and Compend. cap. 70, Of Signatures, No. 12, seems to insinuate the reason why they are so abridged, because the sheriff' must be answerable for the respond contained in these precepts. Besides there is commodum curiæ, in the renewing. See him also, cap. 3, Of Wards, &c. No. 16.
