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The Lords admitted Patrick Dickson of A.to prove casum amissionis et tenorem instrumenti per testes qui scriberunt et legerunt dictum instrumentui. The cause was, that the said Patrick summoned the notary, in whose protocal the instrument was inserted; and he answered, that the said protocal was burned at th burning of Kelso.
Fol. Coll. No. 2. P. 446.
Sinclair MS. p. 160.*** This case is mentioned at greater length in another Copy of the same MS.
The Lords, in ane cause of Patrick Dickson in Hudope, against Sir. Thomas Veitch, notary-public, and John Dickson for his interest, repelled certain witnesses produced by the said Patrick, ratione cousanguinitatis in gradu prohibito inter ipsos et testes ; and also in the said cause the Lords admitted the practique foresaid to prove ane instrument, which he desired the notary to give him, which the notary refused to do, because that he alleged that his protocal book was burned in his chamber in Kelso, when Kelso was first burned, and that he could not remember presently what the instrument contained; therefore the Lords admitted the said Patrick to prove by witnesses the burning of the said protocal, and the tenor of the instrument, and that it was whole and not vitiated by them that had read it, and show the same, to that effect, that the notary might be compelled to give furth ane new public instrument.
