[1751] 1 Elchies 163
Subject_1 FRAUD.
Case for Herds
1751 ,July 16 .
Case No.No. 23.
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In the complaint of forgery the Lord Advocate against John and David Herd for forging inter alia the acceptance to a bill of two persons of the name of Officer, after
examining several witnesses these Officers were adduced by Lord Advocate, because the complaint was singly at his instance; but as they had a direct interest in and might gain or loose by the issue of the cause and get free of the bill if it was improven, for then the bill would either be cancelled by this Court or by the Court of Justiciary, if we should remit them to that Court,—therefore we sustained the objection and would not examine them.
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