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The Sheriff Principal, having resumed consideration of the appeal, Allows same; Recalls the interlocutors of the Sheriff complained of dated 30 September and 30 October 2008; before answer, allows to parties a proof of their respective averments but excluding therefrom the following averments upon Record, namely;
(one) in Article 9 of Condescendence from and including the word "Behaviour" in line 6 to and including the word "Further" at the beginning of line 16;
(two) in Article 10 of Condescendence the term "Section 28B(1)" where it occurred in line 4;
(three) in Article 11 of Condescendence, the word "Further" where it occurs at the beginning of line 1; and from and including the words "The effort" where they occurred in line 2 to and including the word "Further" where it occurs in line 11;
for the purpose of assigning a diet of proof; Reserves the question of the expenses of the Appeal; and decerns.
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Common Room
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