A diligence against witnesses sustained, tho' not taken out till the term of probation was past.
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John Muir having pursued M'Aulay for a bargain of victual, a term was assigned to him to prove the bargain; whereupon he adduced witnesses. The defender alleged, That the diligence was null, being extracted, and dated after the elapsing of the term.
The Lords found, That the term being assigned with continuation of days, a diligence taken out at any time before the term was circumduced is sufficient.
