Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PROBATION.

Wilson
v.
M'Lean

Date: 19 November 1776

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In the process, Wilson against M'Lean, formerly mentioned, the Lords, 14th November 1776, proceeded to the examination of evidence. The first step taken was, to order parties to give in a condescendence of the names of such witnesses who they desired to be examined in presence. The pursuer did so. The Lords ordered accordingly, and remitted the examination of the rest to the Sheriff of Edinburgh. It turned out, that all those to be examined in presence, on the part of the pursuer, were to be reëxamined; and that some of them could not be examined in English, but behoved to be examined in the Gaelic or Earse language: for this purpose, an interpreter was necessary; this form was observed:—

“Before further procedure, it was represented to the Court, that it will be necessary to examine some of the witnesses, proposed to be examined in presence, in the Gaelic or Earse language; the Lords therefore nominate and appoint Archibald Fletcher, writer in Edinburgh, to be, interpreter in these depositions; and Mr Fletcher, being called, accepted of the office, but moved that the Reverend Mr Joseph Robertson should be allowed to sit at his hand, to assist him in case of difficulty; which the Lords allowed: and both of these gentlemen were sworn de fideli.”

The witness, being sworn in English, which he so far understood, was examined upon interrogatories. The interrogatories were put by Lord President to the interpreter, who explained them to the witness, and interpreted his answer to the Lord President. His answer was taken down in English, referring to the interrogatories: after the whole was completed, the deposition was read over in English, for the information of the parties; then it was explained in Earse by the interpreter to the witness, to the end he might correct it, if erroneous; and then both interrogatories and deposition were signed by witness, interpreter, and Lord President.

As this witness had been formerly examined,—ante omnia his deposition formerly taken, turned into Earse by the interpreter, was read over to him, to see if he adhered to it: which he did.

In the process,