958 / 1042
936
!.
A
W.
lIands, ít n.all appm that he has pofTdred tithes,
01'
o· pref<,iptÍ<>n, except iDfavonr of one who can
pl~d
me
ther Cubjetls, to a grealer extenl than he oughl, his poc. p.,fiti"e
j
whieh the va([al cannot do, being dea'tule 'of
ftilion will be refiritled aeeordingly. This right moll a title. This rule "pplies alCo to parConage tilhes, whiell
nOI be eonfounded with that e!1.blilhed in favour of are an inherent bu,den upon all lands not fpeeially ex·
ehurchmen, \Vhieh is eonfined to chu, ch laods and renl!, empted; and from which Iherefore the perCon liable caD.
and conllitules a propeF preCcription, upoo a po([effiou of not prtfcribe an immunity,
b~
bare noo'payment: BUI
Ihirty y.ars.
fuch vicarage tithes as are unly due where .they are e·
13.
The dauCe in the atl
1617,
Cavil\& minors froro nahlirh.d by uCage,' may be lo!! by preCcriplion. ID all
preCcriplion, is eXlended
10
the pofitive, as well as
10
theCt caCes, though Ihe radical
righ~
cannot Culfer theneo
the nega'il'e preCeriplion; but the exeeption of minority eative preCcriplion, tbe bygone duties, not demanderl
is not adOlitted in the cafe of hoCpitals for children, lVilhin Ihe fony years, are 101 to the proprietor, fupuior,
where thcre is acontinual Cueedlionof mioors, that being or titular.
a
,./tu
infolilU}.
Minors are exprersly exeepted in Ce·
17
PreCeriplion may be inlerrupled by any deed,
'eral of Ihe !hon preCcriptions, as
1579,
C.
81.--1669,
whereby theproprielor or creditor uCes his right or ground
c.
9 ; but where lalV leaves thcm In the common caCe, of deb!. [n all inlerrUptions, notice mu!! be given to
they mun be rubjetl
10
Ibe coromon rules.
the pmre([or of Ihe rubjeél; or the debtor, Ihat the pro·
14,
prercription does not run
eDlIlr a non
!'alfn/~1II 4'
prietor or creditor inlónds tO file upon his right. .11.11
t;m,
again!l one who is barred,
br
fome legol incapacity, wrítings wherehy the debtor himCelf acknowledges Ihe
trom purCuing; for in Cuch cafe, neitber negligence nor deul, and all procefi'es for payment brought or diligeoces
llmliaion can be imputed to him. This rule is, by a ufed againfl himupon his obligation, by horning. inhi·
(avourable interpretation, extended to ",i,'es \Vho .a
f(.
bition, arreilment,
&c.
mu!l be elfetlual to iotmup!
v:rMlia I/Iarila/i
forbear to purfue atlions competent tO prefcription.
.
them againfl their hulban8s. On the Came ground, pre·
18.
Interroptions, by cimionupon liuelled fummonCes,
(cription runs only from the time that the debt or right wltere the] a e not ufed by a minor, preCcribe, if not re·
could be fued upon . Thus, inhillition prefcrihes ooly newed every feven years : But where the appearance
01'
from lhe publifhing of the rleed granted tO the . hibiter's parties, or any judicial atl has followed thereupon. it
pl'ejudice; and in the prefcription of reroovings, the years is no longer abare citation, but an atlion which Cubfifls
are computed only from the lerro at which the defender for fony years. Citations for interrupting the prefcrip–
is warned to remove. Neilber cao prefcriplion run a· tion of real rights mull be given by melI'engers; and the
gain!! perfons who are already in polI'effion, and fo can fUOlOlonCes, on which fuch citations proceed, mufl pafs
gain nothing by a purfui!. Tbus, where a perCon, who the fignet upon abill, and be regi!!red lVithin lixty days
J135
two adjudications afFeéling the fame lands, is in pof. after theexeculÍon, in a particular regi!!er appointed for
teJlion upon one of them, prefcription canoot run again!! tbat purpofe: And where ioterruption of real rights is
.lhe other during Cuch polI'effion.
made
vio
la{/j,
an in!lrument mil!! be taken upon it, and
15 .
Cerlain rigbts are iocapable of prefcriptioo:
l.
recorded in the faid reginer; olherwife it cao have
00
ef·
Things that Iaw has .exempted from commerce.
2.
Ru
fetl again!! fioeular fuccelI'ors.
>lur~
lacu//a/Í!,
~.
g.
a faculty to charge
<1
fubj etl wilh
19,
Interruption has the efFetl to cut off Ihe courfe of
.debts, to revoke,
&c.
cannot be lo!! by prefcription, for preCcription, fo that the perfon prefcribing can avail him·
faculties may, by their na!Ore, be exercifed at any time: felf of no pan of the former time; but mu!! begin a new
Hence, a proprietOr's rigbt of ufing any atl of prope(ty courfe, commencing from the date of the intmuption.
on his own grouAds, cannot be Ion by the greate!! length Minority therefore;is no proper interruption ; for it neither
uf time. 3. Exceptioos competent tO a perfon for e1i· breaks the courCe of prefcription, oor is it a document
01'
ding an aaion, cannot prercribe, unlefs the exception is evidence taken by theminor
00
his <ight: It is a perCona!
founded on a right prochlélive of an atlion,
r.
g.
como privilege competent tOhim, by which the operatirn of
penfation; fuch right mun be infined on, witbinthe years the prefcriptioo iSindeed fuCpeoded dllring the years of
of preCcription. 4. Obligations of yearly penfions or minority, which are therefore difcounted from it ; but it
.payments, though no
d~mand
has been made on them for continues tOrun after majority, and Ihe years before and
fony years, do not CufFer a total preCcription, bUl !!ill after the minority may be conjoined
10
compleat il. The
fubfitl as to the arrears fallen duelVithin that period; be· Carne dotlrine applies to the pril'ilege arifing from one's
caufe prefcription cannot run again!! an obligation, till it incapacity tO aél.
be payable, and each year's penfion or paymept is con(¡·
20.
Diligence ufed upon a debt, again!! any one of
dered as a Ceparate
¿ebt.
t\Vo or more co.obligants, preferves the debt ideJf, aod
16.
No right can be Ion
non u/MdD
by one, unlers Ihe fo interrupts prercription again!! all of them; except in
efFea of that prercription be to enablifll it in another. the fpecial cafe of cautioners, who are nOI alfctled byany
'Hence Ihe rule : rires,
jnri fanguinil nunquam prte{cri.
diligence ured again!! the principal debtor. [n the rame
bilar.
Hence airo, a propriewr of land cannot lore hi¡ manner, a right of annualrent, con!ll\uted upon t\Vo re·
property by the negative prercription, unlefs he who oh· parate tenements, is preferved as tO both flom Ihe nega·
jetls it can himrelf plead tbe pofitive. On the fame tive prefcription, bydiligeoce
uf~d
Hgain!l rither of them .
ground, a fuperior's righl of feu·duties cannot be Ion
11M
But whelher fuch diligence has alfo the eff'et1 tO hioder
1Ilfndo;
becaofe being inberent in the fuperiority, it is the polfelI'or of Ihe other lenl""nt u) fin guiar tides from
.truly a ri¡:ht of lands tlm canDOI fuffer the negatil'e Ihe beoefit of the po(¡tive prercription, may be
doubt~d.
TI!I',