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<DATE>2009-02-04</DATE>
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<NAME>Mona Logarbo</NAME>
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<HEAD>FORM and OVERTURE, FOR AN Additional ACT, anent Regi&s;trating Summonds, and In&s;tru|ments of Interruption,</HEAD>
<P>FORASMUCH, as by the 19 Act of the la&s;t Se&s;&s;ion of this Current Parliament, all Summonds and In&s;truments of Interruption of Pre|&s;cription, then Rai&s;ed and Taken, were Ordained to be Recorded in a particular Regi&s;ter, to be appointed for that effect, and that within a Year after the date of the &s;aid Act, which was the ninth of <HI>October</HI> 1696. His Maje&s;tie with Advice and Con&s;ent of the E&s;tates of Parliament, Does hereby Declare, <HI>That the &s;aid Years Space &s;hould not Run again&s;t Minors.</HI></P>
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<HEAD>Arguments why Minors ought to have been Exceped in the &s;aid Act, <DATE>the <HI>9</HI> of <HI>October 1696,</HI></DATE> And therefore that the &s;ame ought now to be Rectified.</HEAD>
<P>By the Act 81. Par. 6. <HI>JAM:</HI> 6. Minores are excepted that the three years within which Spulies &s;hould be pur&s;ued, &s;hould not run again&s;t them.</P>
<P>By the Act 9. Par. 2. Se&s;. 1. <HI>CHA:</HI> 2. Anent the Pre&s;criptions of five Years, Ten Years, &amp; Twenty Years Re&s;pective, in the Ca&s;es of Arrie&s;tments, Hou&s;e Maills, Bargains, Holograph Writes, Minors are Excepted, That none of the&s;e Pre&s;criptions &s;hould Run again&s;t them.</P>
<P>By the Act 10. of the &s;aid Parliament 2d. Se&s;&s;ion 1: <HI>K: Charles</HI> 2d, anent the Seven Years, within which Citations u&s;ed by way of Interruption, &s;hould bs Renewed, Minors are Excepted.</P>
<P>Be&s;ide &s;everal Acts of Parliament more, as to the time appointed for pur&s;ueing Summonds of Error. Actions of Removing, and the time for Re|deeming Appry&s;ings, &amp;c. In all of which Minors are excepted.</P>
<P><HI>Item,</HI> Our Lawyers by their Writings te&s;tifie, <HI>That by Our Law Pre&s;cription &s;hould not Run again&s;t Minors.</HI> VIZ.</P>
<P><HI>Chraigie,</HI> In his <HI>Repertorium Verbo Pre&s;cription.</HI></P>
<P><HI>Locharts</HI> Index of the Acts of Parliament, <HI>Verbo Pre&s;cription.</HI></P>
<P><HI>Stair,</HI> His In&s;titutes, Tittle <HI>Pre&s;cription,</HI> page 347: N: 18.</P>
<P><HI>Item,</HI> The Deci&s;ion of the Lords, the 5 of <HI>July</HI> 1666,  <GAP DESC="blank" EXTENT="1 span">  again&s;t Wod&s;etters, anent the 13 years, within which by the Act of Parliament 1617, Pre&s;criptions then already Run, might be interrupted, Found, <HI>That the &s;aid</HI> 13 <HI>Years did not Run again&s;t Minors,</HI> Albeit no mention was made of them in the Act of Parliament.</P>
<P><HI>In Re&s;pect whereof, And for preventing the Expen&s;ive Debate, that Mi|nors may have in pleading. Why the Years time mentioned in the &s;aid Act of Parliament, for Recording Summonds of Interruption, &s;hould not militate again&s;t them; It ought to be Rectified, by de|clairing Minors not lyable to the &s;aid Year: Or otherwi&s;e, allowing Minors yet a competent time for bringing in their Documents to be Reeorded; In regaird of the Security, they might have thought them&s;elves in by the Grounds in Law afore&s;aid: And &s;pecially that the &s;aid particular Office, to which by the Act of Parliament, Ap|plication &s;hould be made for getting their Documents recorded, was not e&s;tabli&s;hed till near five Months after the date of the Act, whereby the Leidges were deprived of &s;o much of the time allowed to them by Law; And therefore highly rea&s;onable that an Additional time, at lea&s;t &s;hould be granted for inbringing their Writes to be Recorded.</HI></P>
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