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In an action betwixt Watson and Grinlaw, a witness produced for a party who dwelled in a house within Leith, pertaining to the producer, and being tenant therein to him removeable, for payment of mail and duty; the Lords found, that notwithstanding he was tenant removeable, yet he might be witness, and that this was no cause to repel him, seeing he was only his tenant within burgh of a house, and that such tenants of houses within burghs-royal might be witnesses for them, to whom they were tenants, and found in this cause Leith to be respected as a burgh-royal.
Act. Stuart.Alt. Lawtie.Clerk, Hay.
Durie, p. 64.*** This case is reported by Haddington:
He who is tenant of a tenement within burgh, will not be repelled from being witness in his landlord's cause, albeit a tenant of field-land may not be witness for his master; and the custom of receiving tenants within burgh witnesses for their masters was extended to Leith, albeit it be not a free burgh, because it is greater, and tenements dearer in it nor in any other burghs.
