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The Lords considered there were two cases pre-supposed in that clause of the act 62 of Parliament 1661, which bears, “that ward-setters who are in the natural possession shall not be bound to remove even after security is afforded until they be also warned in ordinary form, 40 days before Whitsunday;”—the one case, where the wadsetter, willing to yield possession, accepts of the offer of security; there his acceptance puts him upon the footing of a tenant, to remove whom warning is necessary; the other case, where the wadsetter refuses the offer, choosing rather to continue in possession; here warning would be to no purpose: And therefore they found a wadsetter, who, by refusing the offer of security, declared his intention of retaining possession, liable to account, though he was not warned.
