Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 24 January 1672
Click here to view a pdf copy of this documet : PDF Copy
A pupil being pursued either as lawfully charged to enter heir or to renounce lands because of an order of redemption used, and compearing, and producing a renunciation subscribed by his tutor, taking burden for the pupil; the Lords sustained the same as a good and sufficient renunciation;
Albeit it was alleged,—That it ought to be subscribed by the pupil's self, principally, and also by his tutors. Which was repelled, because in ætate pupillari tutor gerit personam pupilli; and he may be an infant that cannot write; yea few can write any till they be ten or twelve. What if the child be a lass, who if of the minor sort, are seldom taught to write at all? It is granted, after tutory expires, the minor begins and acts principally himself in all deeds, and his curators do but consent; at res aliter se habet in tutela ubi datur personæ non rebus; intellige principaliter. Vide infra, No. 411, [July, 1673.]
