In a removing, the tenant pleading on a current tack, the landlord replied, three years rent were due. He was allowed to amend his libel to that effect.
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Blair pursues removing against his tenant, upon a warning, who excepts upon a tack standing. The pursuer replies, That there is more than three terms of the tack-duty resting, so that the defender must either remove, or find caution, and pay the bygones. It was answered, That this was not competent by way of reply, but required a special action.
The Lords would not sustain it by way of reply; but if the pursuer would add that member to the same libel, the Lords would sustain it without putting the pursuer to a new process.
