Scottish Court of Session Decisions

Subject_1 WITNESS.

Chalmers
v.
Munro

1587. August.
Case No. No. 20.

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In an action between Mr. David Chalmers, one of the ordinary number of the Session, and Mr. George Munro, anent the proving of possession of the uptaking of the duties of the of Ross, there were witnesses produced by Mr. David, and it was excepted against them, that by the space of 15 days before they had been kept by the said Mr. David in his house, in ——, and not suffered to pass furth of his house, the which was offered to be proved instantly at the bar, et sic fuerunt domestici familiares, que repelluntur a testimonio dicendo; to the which it was answered, that the party that summonses any witness is bound to find the expense, and especially to such as de rebus et bonis propriis might not well do the same, and whether it was given ante productionem sive post, provided it was not given subornationis causa. The Lords repelled the exception, and admitted the witnesses.

Colvil MS. p. 148.