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In a reduction upon the head of death-bed, the Lords allowed the depositions of witnesses to be taken, to lie in retentis, though it was before the day of Compearance, and no allegation made, that the witnesses were old or valetudinary, or that there was a penury; for the Lords thought, though many witnesses were called, there might be few who truly knew the defunct's condition, and these might be removed out of the way, by death or by collusion.
Fol. Dic. v. 2. p. 92. Stair.
*** This case is No 98. p. 10421. voce Personal and Transmissible.
