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A process of count and reckoning, which had gone some length before arbiters, probation taken and interlocutors pronounced, having been brought before the Court of Session, after running out of the submission, without a decreet-arbitral; the Lords found, That the probation, taken before the arbiters, ought to be admitted as evidence, so far as the same is habile, and concluding upon the subject matter of it, reserving all objections upon the import or insufficiency thereof; and reserving to either party to re-examine such of the witnesses as are alive, the party being always at the charge of the re-examination, and the former depositions being previously cancelled; lastly, reserving to either party to adduce what other proof they think necessary. See Appendix.
