Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION XII.

Who Privileged against Prescription?

Thomas Fisher and the Administrators of Heriot's Hospital
v.
Hepburn

Date: 19 December 1695
Case No. No 349.

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The Lords having found, upon the 29th December 1691*, that Heriot's Hospital, being founded for orphans and minors, prescription could not run against them, they now reponed the other party against this interlocutor, there being as yet no definitive sentence in the cause to make a res judicata; and found, that the minority, sufficient to elide prescription, was only that species of minority, that runs out and terminates at the age of 21, which is not the case of Heriot's Hospital (nor indeed of any orphanotrophium) which never expires, the boys being always turned out at their age of 16, whereby it is a succession of of perpetual minors; and found this Hospital not within the exception of the act of Parliament 1617, touching prescription, which is stricti juris, and not to be extended, especially ad casus insolitos et incogitatos.

Fol. Dic. v. 2. p. 122. Fountainhall.

*** This case is No 82. p. 10786.

* See Stair, B. 2. Tit. 12. § 18.