Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. IV.

Instrumentary Witnesses.

Sim
v.
Donaldson

Date: 23 November 1708
Case No. No. 119.

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A witness, after 10 or 12 years, acknowledged his subscription, but did not remember that he saw the parties subscribe, or heard them own that they had subscribed. He declared, That he knew their subscriptions, and was sure he would not have subscribed witness, except in the presence of the parties. This the Lords found probative, notwithstanding the act of Parl. 1681, requiring witnesses to see the parties subscribe, or acknowlege their subscriptions, which doth not import that a witness, after a tract of years, can distinctly remember the thing.

Forbes.

This case is No. 132. p. 16713. voce Witness.