Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.

Captain Rutherford
v.
Sir James Campbell

Date: 9 February 1738
Case No. No. 17.

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Prescription of an account furnished to a Scotsman in London, whether regulated by the English statute of limitations, 21st James I. c. 16. of six years, or by the Scots law? The point had been determined by the Lords in presence, 12th February 1737, and found that the English statute was the rule, and was not now entire, but the Court was still of the same opinion. Vide the Printed Papers, particularly Memorials quoting sundry precedents judged the same way, viz. Rae and Wright, July 1717, Elliot against Duke of Hamilton in January 1721, and Fulks of Aiken-head, 12th February 1731. But then the defender having within the six years come to live in Scotland, the question was, whether the exception in the act 4to and 5to. Annee, for amendment of the laws, &c. of persons going beyond seas extends to the case of their coming to Scotland? and the Lords found, that ex paritate rationis it included this case, and therefore found the action still competent.