Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

John Burnett of Barns
v.
Lord Balcleugh and Laurence Scott

Date: 4 July 1632

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In an action of reduction pursued by John Burnett, fiar of Barns, against my Lord Balcleugh and Laurence Scott, there being sundry exceptions proponed to be proven scripto vel juramento partis, they, for proving thereof, raised an incident; and the same being sustained, there was a day assigned for proving of the incident; at the which day, diligence is produced against the witnesses, and another day assigned for using further diligence. At the which second day no diligence being produced, the said John Burnett, defender in the incident, and pursuer in the principal cause, craves the term to be circumduced. To the which it was answered, No circumduction can be granted; because they are now content to refer the having of the writs contained in the incident, to the parties called in the incident, as alleged havers of the writs, their oaths of verity. It is replied by John Burnett, That the pursuer of the incident can have no farther diligence; but the most that can be granted to the defender in the principal cause, is to have the pursuer's oath upon the verity of their exceptions. The Lords ordained the parties cited in the incident to give their oath upon the having of the writs, if they were present at the bar, but no otherwise.

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