Whether it is lawful to condescend on the witnesses?
See No. 105.
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In a suspension at the instance of Aiton of Kinaldie, for suspending of charges executed against him at the instance of one Kaldie in Kirkcaldy, for payment of a sum contained in the suspender's obligation, whereof a reason was founded upon payment of 200 merks, and a discharge produced subscribed by Kaldie for proving thereof; this discharge was not found sufficient, because there were no witnesses inserted therein, and so the same was not sustained, in respect of the act of Parliament James V. Parl. 7. Cap. 117. ordaining that no faith be given to evidents or writs wanting witnesses; and albeit the suspender offered to prove, that the writ was subscribed by the charger, by the witnesses who were present the time of the subscribing thereof, and at the very date therein inserted; yet the Lords would not sustain the same, because the sustaining thereof was alike, as if it were permitted to prove payment of 200 merks contained in a bond by witnesses, which is not admissible of the law; so the letters were found orderly proceeded.
Act. Aiton.Alt. M'Gill.Clerk, Gibson.
Durie, p. 162.
