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[1701] Mor 16705      

Subject_1 WITNESS.

Sharp
v.
Murray

Date: 16 June 1701
Case No. No. 122.

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George Irving being adduced a witness in the process Sharp of Hoddam against Murray of Brockelrig, and having deponed, he gives in a bill to the Lords, pretending some things had escaped him, which now burdened his conscience, and, therefore craved to be re-examined for exonering thereof. The Lords refused the bill; for by his oath there is a jus quæsitum to the party which the witness cannot retract. If one has not been interrogated fully, or has not deponed distinctly, he may be re-examined, but it must be at the desire of the party adducer, and not upon the witness' own application, who may be suborned to retract what he has said, and so infer perjury.

Fountainhall, v. 2. p. 120.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1701/Mor3816705-122.html