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The practice has long been in spuilzies for the Lords to modify after the pursuer had given his oath in litem; but the method formerly was to ordain a condescendence of the damages to be, given in before taking the oath in litem, which the Lords modified as they saw cause, and thereafter took the pursuer's oath in litem, lest they should have modified too much; for the oath might restrict, but could not extend the modification.
And in respect of the said former practice, such was the method taken in this case.
Fol. Dic. v. 4. p. 21. Kilkerran, (Oath.) No 1. p. 359.
