Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.

Captain Rutherford
v.
Sir J Campbell.

1738, Feb. 9.
Case No. No. 17.

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In this question between these parties concerning an account furnished in England to Sir James Campbell, Whether the prescription should be judged according to our law or the English statute of limitations? the effect of which was that if ours was the rule, then thE debtors oath was still competent; but if the English then there did not lie any action; we gave no decision on that point, because it seemed to have been already determined by the Ordinary and adhered to in presence some time ago, that the English statute was the rule; and most of us seemed to continue of the same opinion, not only for the decisions quoted in the papers, but also another solemn one in the case of D. Hamilton,, about the year I think 172.1 or 1722. But Arniston thought that a debtor had the benefit of both statutes and might plead either of them that was most beneficial to him, which opinion seems to deserve consideration. But then Sir James Campbell having come to reside in Scotland before the time limited in the English statutes was elapsed, we found the action still competent by the acts 4 and 5 Annæ for amendment of the laws, &c.; though that act mentions only the debtors being beyond seas, which we found ex paritate included his coming to Scotland.