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In an action of improbation at the instance of Nicol against Newlands, of a bond of cautionry in a suspension, the Lords allowed the defender to abide at the verity of the bond of cautionry, that he received it from the clerk of the bills, whose duty it was to receive such bonds of cautionry.
Fol. Dic. v. 1. p. 456. Sir P. Home, MS. v. 1. No 596.