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The Earl of Airly pursues John M'Intosh for contravention, and libels these deeds, that the defender's herds had been found pasturing several times far within his ground, for a considerable time; which ground was without all controversy the pursuer's.
The Lords sustained the libel, it being always proved, that the herd herded by his master's command, or ratihabition, and referred to themselves, at their conclusion of the cause, to consider, whether they would sustain the several times of herding, as several deeds toties quoties, or if only as one deed made up of all, and how far the witnesses should be received, as to command, or direction of the defender.
