Click here to view a pdf copy of this documet : PDF Copy
An Englishman at London, and his factor, having pursued a Scotsman upon an English bond granted by him to the constituent, the defender proponed improbation, and craved the factor for the creditor might abide by the bond, and not only design the witnesses, but produce them; seeing, if the creditor were pursuing in England, the law there could oblige him to instruct the bond by the deposition of the witnesses; and though the solemnities in their writs, different from ours, are not considered, yet defences against them, and the import of them, are to be regulated by the English law.
The Lords found the factor needed not to abide by the writ, because his constituent was ready to abide by it; and that it was sufficient to design the witnesses by known designations, so as they may be found out. (This case and the following seem to be the same.)
Harcarse, (Improbation and Reduction.) No 541. p. 150.
