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Scottish Court of Session Decisions >>
Menzies v - [1581] Mor 6854 (00 December 1581)
URL: http://www.bailii.org/scot/cases/ScotCS/1581/Mor1706854-005.html Cite as:
[1581] Mor 6854
Days, how computed. - Induciæ in a charge of horning. - Baron decrees. - Citations pro confesso. - Criminal sentences. - Induciæ before inferior courts. - Reductions and improbations. - Privileged summons. - Decree-arbitral. - Citation of tutors and curators.
Menzies v. -
1581.
December. Case No. No 5.
Found, that the last day of the execution of a horning cedit debitori, although, computing de momento in momentum, the whole six days be complete some hours before the last day run out.
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There was a horning produced by Menzies, brother to the provost of Aberdeen, and there was alleged against the execution of the same, that it was not lawful, nor agreed not with the tenor of the charges, which was to charge, and thereafter six days being outrun, to denounce and put to the horn; and the first charge being made upon the eleventh day, the execution was done upon the seventeenth day, so that betwixt the seventeenth and the eleventh day, there were but six whole days. To this was answered, That the charge was given upon the eleventh day at eight hours in the morning, and the execution was made on the seventeenth day at four hours afternoon, and so counting de momento in momentum, aut de hora in horam, there would be as many hours as would make six natural days. To this was answered, That there might not be six days outrun, and of the law ultimus dies et totus dies cedit debitori; and so the computation ought to be from the hail eleven days outrun, to six hail days thereafter hailly furthrun. The whilk allegeance was admitted by the Lords, and being voted, afternoon liquet in causa, found the exception not good.
