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The Lords, upon a bill, ordained witnesses to be received before litiscontestation, and their depositions to lie in retentis; because they were in town for the present, and were to go to Zetland, and senes valetudinarii and peregre profecturi; and, upon such like considerations, others may be received Witnesses in hoc statu.
Clerk, Scot.
Fol. Dic. v. 2. p. 192. Dirleton, No. 74. p. 30.