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In a declarator of non-entry, the superior, for his title, produced a charter under the Great Seal, dated. 1648, with a precept furth of the Chancery the same year, but without any infeftment till the year 1714, that the pursuer established a right to the said precept by a general service, and thereupon infeft himself by virtue of the act of Parliament 1693, giving force to precepts of sasine after the granter's and receiver's death. It was objected against this title, That the precept was fallen non utendo by the 40 years prescription. Answered, That it being meræ facultatis for the obtainer of a precept to take infeftment thereon or not, precepts cannot prescribe, which was sustained.
