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Lord Cuninghame . Lord Gillies , Lord Mackenzie , Lord Corehouse , Lord President .
H. J. Robertson, for the Common Agent in the Ranking , offered to prove that the whole witnesses were solemnly sworn, and that the apparent irregularity arose solely from the omission of the commissioner's clerk in writing down the depositions.
Lord Gillies .—It is an essential part of the form of depositions on oath, that the report should bear that the witnesses were duly sworn. I think the Court should not dispense with it; and that, at any rate, there is no ground whatever for doing so in this instance. There can be no difficulty in having these witnesses re-examined, and a regular report returned.
Lord President .—I am of the same opinion. The additional expense and delay which will be occasioned by correcting the irregularity which has occurred, are of no moment, in comparison with the advantage of having the whole procedure correct and unchallengeable.
THE COURT instructed the Lord Ordinary to find that the report of the proof was irregular, and to remit anew, that the proof might be regularly taken and reported.
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Common Room
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