Publication of testimonies of witnesses, taken in inferior Courts, is allowed in reductions.
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Sir Andrew Ramsay having obtained a decreet before the Commissaries against Auchinleck, for a bargain of victual, he suspends, and raises reduction on this reason, that the decreet was null or unjust, the Commissaries having found the allegeances proved by witnesses, which did not prove; and the testimonies being produced, the question arose, Whether they shall be published to the party, and if the Ordinary should hear them debated, proved or not proved, or if they should be kept close, and advised only by the Lords, as they use to do in concluded causes?
The Lords found, that they should be shown to either party, and the Ordinary hear, and determine whether the Commissaries had committed injustice, in finding it proved or not, in the same way as the Ordinary can determine upon a writ produced before litiscontestation; but whatever is produced after litiscontestation, ad modum probationis, in a concluded cause, can only be advised and determined in præsentia.
