1788-11-20 (static/transcriptions/1788/11/076.jpg)

Before this evidence be admitted he should shew that he had proved, or offered to prove, to the Com when he was called upon, that he had been overcharged.

A Case was quoted by Mr. Ledlie from Viner T Bye Law B. 25 Note. 12 Mod 169. S. B. Ld Raymd 496 and Garth 483, but I thot it made agst him rather than for him.

Judgt for Pl 135 SaRs given by me, Hyde & Hones being absent when Mr. Ledlie made his Defence & Mr. Daview ansd him.

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N.V. Before I gave Judgemt in the foregoing cause I told Mr. Ledlie that, if he wished to argue the point before the other Judges, I would for that purpose adjourn the cause till next day, but he did not desire it; being as it appeared afterwards satisfied that he could not prove the house to have been overcharged.

The case relied upon was that of the “City of London against Vanacker,” which, so far as concerns the present question is thus reported by Ld Ch. Justice Raymond. (1 Lord Raymond’s Rep 196).
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