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In the action pursued by James Watson against the Lord Holyroodhouse, the Lords would not grant to the defender, at the second diligence for proving an exception, a term upon sixty days to summon witnesses forth of the realm, because, at the time of litiscontestation, and assigning a day to prove his exception, the defender did not protest for such diligence against witnesses, being forth of the realm; neither would they admit him to give his oath, that they were necessary witnesses, because he did it not at the beginning; neither would they give him a commission for examining the witnesses out of the realm, albeit he offered to bring back the report thereof before the ending of the diligences against the witnesses within the realm.
Fol. Dic. v. 2. p. 189. Spottiswood, (Summons of Inc. Dil.) p. 174.
