D. 445. Donaldson contra Rinne. 27 January 1677.
IT was moved, whether or not a Decreet of an Inferior Judge, being questioned upon that Ground of Iniquity, that the Lybel was not pro∣ven; and the Depositions of the Witnesses being produced by the Pursuer ab initio; The Lord of the Outer House may advise the Probation; Or if it ought to be advised by the whole Lords? It was Found, That the De∣positions being produced (as said is) the Lord may give his own Inter∣loquitor, as upon any other Write produced ab initio, to instruct the Ly∣bel. Tho some of the Lords were of Opinion, that the Probation ought to be considered and advised by the haill Lords; And it was hard, that the Probation being found sufficient, by a competent Judge, it should be in the power of one single Lord to review the same, and find the contrare. Mr. John Hay Clerk.