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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Pollok of Pollok, Supplicant. [1764] Mor 16769 (25 January 1764)
URL: http://www.bailii.org/scot/cases/ScotCS/1764/Mor3816769-196.html
Cite as: [1764] Mor 16769

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[1764] Mor 16769      

Subject_1 WITNESS.

Sir Robert Pollok of Pollok, Supplicant

Date: 25 January 1764
Case No. No. 196.

Commissioner for taking a proof, allowed to swear an interpreter in examining a witness, who, from indistinctness of articulation, could be understood only by those who daily conversed with him.


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In a petition concerning a proof, in a question between Sir Robert Pollok and the feuers of Mearns, he, inter alia, represented, That John Roger in Callory, one of the witnesses, had, some years ago, contracted an impediment in his throat, which rendered his articulation so indistinct, as to be understood only by those who daily conversed with him: That, though it was thought the Commissioner, in this case, could swear an interpreter, in the same way as when a witness cannot speak English; yet, to avoid any dispute, he prayed the Court specially to authorise the Commissioner to do so.

“The Lords granted the desire of the petition.”

For the Petitioner, Lockhart. Fac. Coll No. 129. p. 305.

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/1764/Mor3816769-196.html