The Lords sustained action at a stranger's instance, though no mandate was produced, his advocate finding caution to produce it be fore litiscontestation.
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A decreet given before the Admiral against a stranger, being desired to be reduced, at the stranger's instance, albeit he was neither present within the country assisting the pursuit, nor a procuratory given by him to pursue, yet this action was sustained, seeing the same advocates compeared for him, and insisted in this reduction, (who were ordinary advocates in the Session) who compeared for him, and defended in the decreet obtained against him, before the Admiral, desired now to be reduced: But it was ordained, that he should produce a procuratory authorizing the pursuit, before litiscontestation, and caution should be found to that effect.
Act. Lawtie & Paip.Alt.——.
Fol. Dic. v. 1. p. 25. Durie, p. 474.
