Whether liable to Penalties. - Whether liable to be imprisoned for Debt. - Whether capable of being a Messenger. - Whether he may be convened as a haver of Writs. - Whether Decree may pass against him. - Whether bound to depone on the verity of his Debt. - Power of the Court to prevent undue influence in chusing Curators.
Home v. Home
1582.
November. Case No. No 4.
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It was alleged against the execution of letters of advocation, that the same was not sufficient, because it was made by a boy of eleven or twelve years of age, who could not be executor more than he could not be witness, prout in L. 3. D. De testibus. The Lords nevertheless found by interlocutor, that, because he was pubertati proximus, he ought to be witness into this case.
