Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Mayne v. Hamilton of Baderston
1674.
February.
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In the suspension, Hamilton of Baderston against Mayne, one of the reasons being, that the sum charged for was arrested in his hand at the instance of a third party,—which was not offered to be proven by the messenger's copy, as it ought to be, but by the charger's oath of knowledge that the said sum was arrested in his hands by, &c.—it was contended, it was not so probable, but only scripto; no more than such judicial and legal instruments could be proven by witnesses: argum. legis, act 95, Parliament 1579, where the tenor of letters of horning, and their executions, are ordained allenarly, for the future, to be proven by writ.
