Triennial Prescription of Accounts, Act 1579. c. 83.
Tutor of Craigievar v. Gray
1682.
November. Case No. No 289.
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One having writ to a young man, desiring him to come and attend his son, and he should have 100 merks of fee; and the said person having accordingly served five years, he pursued the writer of the letter for the 500 merks. Alleged for the defender, That servants' fees prescribe in three years. Answered, The pursuer doth partly prove his claim by writ, viz. the letter. The Lords found the libel relevant to be proved only scripto vel juramento, in respect it is usual for masters to pay their servants yearly without receipts, and there was no writ after the service, acknowledging the fee to be resting.
Fol. Dic. v. 2. p. 120. Harcarse, (Prescription.) No 760. p. 215.
