Subject_1 PROOF.
Subject_2 DIVISION I. Allegeances how relevant to be proved.
Subject_3 SECT. III. What Proof relevant to take away Writ.
Date: Hislop
v.
Smart
20 November 1703
Case No.No 107.
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A messenger, who suffered a prisoner to escape, alleging a posterior paction with the party, whereby he was bound to apprehend and incarcerate the prisoner, which he had now done, and in which case the party was to pass from any action against him for letting the prisoner escape; the Lords found this paction
to be of the nature of a promise, and so not relevant to be proved by witnesses, but only scripto vel juramento. *** This case is No 19. p. 8342, voce Litigious.
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