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A Protest for remeid of law is given in by Irvine of Stank against Macjore and other merchants in Dumfries. Stank having paid L. 100 Sterling of a debt, a copy of a discharge was sent from Edinburgh to be a pattern, which bore these words, “Written by James Reid, writer in Edinburgh.” Stank having given this to be transcribed by an ignorant boy, he copies it verbatim, and inserts the foresaid words, as if it had been written by Reid, without the altering this clause, and putting in his own name in place of it. When this discharge was produced before the Lords, it was quarrelled as not only wanting the true writer's name, but containing a false one. The error was acknowledged on both sides; butthe Lords being tied up by the 179th act of Parliament 1593, behoved to find it null. But it being offered, for supporting it, to prove the numeration by witnesses present, which the Lords allowed; but they being dead or absent, Stank succumbed; so decreet passed against him, and he thinking himself wronged to pay a sum twice, caused his daughter give in this appeal, not being in town himself. This is the first I have seen presented by a woman.
Fol. Dic. v. 2. p. 215. Fauntainhall, v. 2. p. 567.
