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Anent the Prescription of Servants' Wages. [1680] 3 Brn 332 (4 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030332-0437.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent the Prescription of Servants' Wages
Date: 4 February 1680
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One having served fifteen or twenty years; within a year after leaving the service, pursues for all the fees, and offered to prove the service by witnesses, like a current account, whereof the last article is within three years.
Replied,—It is not alike; for, in current accounts, it is not presumed that any of the articles are paid; but it is otherwise in servants' fees. And, at this rate, a minister might pursue for twenty years' stipend back, since he was minister there, and, in respect of the currency, pretend that the years above three are not prescribed, and make them pay it if they want the discharges, seeing, quoad modum probandi, he may prove it by witnesses 5 which were dangerous and absurd. This went to the Lords' answer.
