[1706/10/92]¹

Legislation

Act in favour of [Kenneth Sutherland], lord Duffus

Her majesty's high commissioner and the estates of parliament, having heard the petition of Kenneth, lord Duffus, humbly showing to them that where by the twenty-fourth act of the fifth session of King William's parliament it is statute and ordained that all apparent heirs shall have free liberty and access to enter heir to their predecessors with the benefit of inventory, providing the apparent heir gives up inventories within the year and a day prescribed by law for apparent heirs to deliberate, which benefit of entering by inventory the petitioner had embraced, but that he was necessarily hindered being out of Europe upon the queen's service, and that his father, the late Lord Duffus is not above fifteen months dead, it is not above seven months since the petitioner could know of his death, the petitioner does still incline to make use of the benefit of this law. Yet seeing afterwards some scruple may arise because a year and a day is elapsed, he is forced to give his grace and the honourable estates of parliament the trouble of the said petition that they may please to prorogate the year and a day prescribed in the act, and allow the petitioner to enter with benefit in terms of the same, which he humbly expects his grace and the honourable estates of parliament would grant, considering: firstly, that the petitioner was necessarily absent in the West Indies in her majesty's service; secondly, that the late Lord Duffus died in September 1705 and that it is not above seven months since the petitioner could have known of his death, which is the only time that prescription should begin against the petitioner; thirdly, the parliament was pleased to grant the earl of Buchan the like privilege, though his lordship's case was not quite so favourable; and lastly, that no person whatsoever can pretend any prejudice or harm by the petitioner's entering heir in manner foresaid, seeing by the form prescribed in that act all fraud is sufficiently cautioned against. And therefore, craving his grace and the honourable estates of parliament to allow the petitioner to enter with the benefit of inventory in the terms of the foresaid act of parliament, as the said petition bears. And her majesty's high commissioner and the said estates of parliament, having fully considered the said petition and being therewith well and ripely advised, they allowed and hereby allow the petitioner to enter heir with the benefit of inventory anytime within the space of six months from the date present, declaring the same as effectual to all legal intents as if he entered within the year and a day of his father's decease, and ordained and hereby ordain this case to be a particular exception in the petitioner's favour from the act salvo jure to be passed in this session of parliament.