Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Prescription
1677.
July.
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It was affirmed to me that the King's taxation, and Lords of Session's taxation in 1633, do not prescribe within the 40 years: at least that the ten years of the English usurpation must not be reckoned in that count; because they were then non valentes agere, contra quos nulla currit prascriptio. Vide No. 631, Lindsay and Fraser, [30th July, 1677.] There was two years, viz. from February 1659, till the end of 1660, that must be discounted in all prescriptions; because there was then no courts in Scotland: which is much to be attended in counting prescription, where it is but shortly past.
