Scottish Court of Session Decisions

Subject_1 PUBLIC BURDEN.

Sir John Wemyss
v.
Campbell of Ednample

Date: 21 July 1668
Case No. No 12.

Effect of the act rescissory, relative to an exemption from the tax of maintenance.

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Sir John Wemyss haying charged Ednample for maintenance due in anno 1648, he suspends on this reason, That upon consideration of the burning of his house in the time of the troubles, he got an exemption and discharge from the King and Parliament anno 1651. It was answered, That that Parliament was rescinded and the charger had a commission to uplift all maintenance in anno 1648 from the heritors, notwithstanding of any exemptions granted by these pretended Parliaments and their Committees. The suspender answered, That the act rescissory has an express reservation of all private rights acquired by authority of these Parliaments for the time; and so this exoneration of his becoming his private right, falls not by the act rescissory; and as to the act of Parliament, and commission to the charger, it must be understood salvo jure, and cannot take away the suspender's anterior right acquired.

Which the Lords found relevant, and suspended the letters; and found that the suspender's exoneration was not taken away, either by the act rescissory, or by the act and commission.

Stair, v. 1. p. 556.