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An obligation of an hundred merks found, by interlocutor, to be innovated by an act in the books of Leith, whereby the debtor warded, acted himself to pay L. 90, albeit the act had no relation to the obligation and debt therein contained; and it was admitted to be proved by witnesses, to wit, the Bailie and Clerk of Leith, that the act was made for payment of the sum of the obligation.