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In the action betwixt the Lady Athole and the Commendator of Cupar, there was a witness adduced, who was at the horn at the instance of the King, for the payment of the taxation. The pursuer desired a witness to be relaxed at the bar ad effectum proponendi tantum in hoc casu. It was found by the Lords, being brought on to advise upon, that the said witness could not be relaxed without the consent of the party at whose instance he was put to the horn.
