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Scottish Court of Session Decisions >>
Johnston of Wamphray. [1675] Mor 10470 (8 December 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor2510470-007.html Cite as:
[1675] Mor 10470
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The act of Parliament against protections, 3d Sess. of his Majesty's 1st Parl, cap. 4. (1663) giving power to the Lords of Session and Exchequer, Privy Council and Justice General, to grant protections to persons summoned to appear before them, is only to be understood in that case when they are obliged to appear personally to give their oaths, or to be witnesses, and cannot appear by procurators; and such protections ought not to be granted upon pretext that processes of compt and reckoning and others cannot be managed without their own presence; and this was found upon a bill given in by Johnston of Wamphray, whereby he desired a protection.
And yet it is thought, that in some cases, where it is evident that there is a necessity of the defender's presence to give information in the point of fact, especially in general actions of compt and reckoning, protections ought to be granted.
