Scottish Court of Session Decisions

Subject_1 TENOR.

Charles Gordon, Petitioner

Date: 23 February 1752
Case No. No. 60.

If the proof can be taken on commission?

Click here to view a pdf copy of this documet : PDF Copy

Though tenors regularly require two ordinaries to take the depositions, yet the Lords have on some occasions given a commission to take the oaths of witnesses in a tenor; particularly in the year 1737, in the proving of the tenor of a testament made by Mr. Alexander Burnet, Minister of the Gospel at Dantzick; and more lately in the proving of the tenor of a bill at the instance of Robert Gray, factor to the Earl of Sutherland, against Coll M'Donald of Barrisdale, a commission was granted to the Sheriff of Inverness for taking the proof in the country.

In the present case, in respect of these precedents, a commission was asked, for bringing a proof of the adminicles before the Sheriff of Aberdeen. The Lords demurred; but at last got over the difficulty by the two Lords who go this spring upon the Circuit to Aberdeen, agreeing to take the proof there; and the same was recommended to them accordingly.

Kilkerran, No. 4. p. 563.