Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Andrew Halden v. Nicol Campbell, stabler
1671.
July.
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Nicol Campbell, stabler, being cautioner for Samuel Meikle to Andrew Halden in a bond of L.1900, and being charged thereupon, suspended (as also raised reduction) upon this reason; that the bond can receive execution against him for no more but allenarly the sum of L.1200, because he not knowing to subscribe himself, gave command to the notaries to subscribe for him as cautioner in the foresaid sum allenarly, of L.1200, and he designed no more; and they have bound him as cautioner in the whole: and this command he offered to prove by the notaries and witnesses inserted their oaths.
Much was disputed against the relevancy of the probation of the reason, tending to take away a bond by witnesses. Yet the Lords having regard to the suspender's illiterature, who could neither read nor write, and that he has been vir Integræ famæ; before they would give answer to the relevancy, (though they inclined much to sustain it in this juncto of circumstances,) they ordained the notaries and witnesses to be examined upon the reasons; as also those that wrote the bond and were present at the communings. Upon whose depositions the bond was restricted, and Nicol assoilyied pro reliquo.
