Click here to view a pdf copy of this documet : PDF Copy
The Lords sustained indirect articles of improbation, notwithstanding the direct were extant, and that the witnesses inserted had abidden by and approbated; and upon the probation of the indirect articles, their Lordships did find the witnesses who had been examined in Ireland, false and feigned; but the specialty in this case was, That the witnesses themselves were dead, and not examined before the Lords of Session here, or by their commissipn, but only the extracts of their depositions, taken in a civil pursuit before the High Court of Chancery in Ireland, sent over here; and the witnesses were viles personæ, and of no fame; but in regard it did not appear the defender had any accession to the forgery, being only user of the forged deed, the Lords refused to remit him the Court of Justiciary.
Fol. Dic. v. 2. p. 267. Falconer.
*** This case is No 18. p. 4806. voce Forum Competens.
