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A party being summoned to give his oath de calumnia at a certain day, may be holden pro confesso. If he compeat at the next term of probation assigned to the pursuer, he shall be reponed. This favour was shown to a poor Frenchman, against Sir Lewis Lauder of Hatton. However orderly, it is sufficient if a party give his oath de calumnia at any time before the probation be renounced.
