Scottish Court of Session Decisions

Subject_1 WITNESS.

Laird of Cambusnethan
v.
Hamilton of Garren

1566. July
Case No. No. 14.

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Thir persounis may be repellit fra passing upon assise, or beiring of witness viz. the master or lord of the partie quha sould produce the witnessis; his Baillie; he that weiris his leviray or robis; he that is of his counsal or retinew; he that is at that time his servand, or he that sall efterwart zeild him service; his tenent that haldis land of him, and paysis him ferme, maill and dewtie, Leg. burg. C. 143. De except. C. 17. And siclike, he that is tasker in ony man's barn, ressaving profit fra him thairfoir, may not be witness in his cause: And gif the Judge ressavis him witness, the partie opponand in the contrare, the process, sentence, and all that followis thairupon, is of nane avail, and may be reducit.

Balfour, p. 377.