Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 HEIR APPARENT.
Subject_3 Though the ancestor die in the most distant parts, no addition is to be made to the annus deliberandi, on account of the time elapsing between the death and the notice of it obtained by the heir.

Robert Campbell
v.
David Henderson

Date: 13 November 1783

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[Faculty Collection, IX. 189; Dictionary, 5292.]

Swinton. This question is not as to common law, but as to statute.

Justice-clerk. Whenever any insupportable inconveniency arises from the statute, the legislature, in its wisdom, will afford a remedy.

President. The Court must act according to the statute. The same sort of inconveniency occurs in other cases, and it is not complained of. Thus, a summons at shore and pier is good, when the party is out of the kingdom, although in the East Indies. Yet such summons can serve no purpose for informing the party.

Braxfield. The annus deliberandi is a personal privilege to heirs, and is not to be extended to other cases: it is an annus continuus, not utilis. Were it otherwise, the Act 1661 also might be in danger.

On the 13th November 1783, “The Lords refused the bill of suspension;” adhering to Lord Stonefield's interlocutor.

Act. E. M'Cormick. Alt. G. Ferguson.