Page:Ruffhead - The Statutes at Large - vol 7.djvu/173

 A.D. 174^' 'Anno vicefimo primo Georgii ir. C. 34, 129 Law to b'e taken and- fubfcribed by Perfons in Offices of publick Truft in Scotland, either in the Court of Seffion, Court of Jufticiary, or in the Sheriff or Stewart's Court of the County, Shire or Stev/artry where fuch Perfon fhall refide, or in one of his JVlajeft-y's Courts at IVeftminfter : And every Perfon who, after the iaid rwenty-fourih Day of 'June^ fliall be elected or appointed to be, or accept or take upon him the Em- ployment of a Governor, Deputy Governor, Director, Secretary, Cafhier, Treafurer, Accountant or Teller of either of the faid Banks, flialt, within three Months after he fhall accept or take upon him fuch Em- ployment, take and fubfcribe the faid Oaths, and fubfcribe the faid AfTurance, either in the faid Court of Seffion, Court of Jufticiary, or in the Sheriff's or Stewart's Court of the County, Shire or Stcwartry where fuch Perfon fhall refide, or in one of his Majefty's Courts 2X Wejlminfter ■. the taking and fubfcribing Qualifications to of which faid Oaths and Aflu ranee by all fuch Perfons refpetStively, fhall be entered on a Roll or in a l>e t^ntered. Book for thatPurpofe, and he kept amongft the Records of the faid feveral Courts. XV. And be it further enacted by the Authority aforefaid, That every fuch Perfon who fliall refufe or Penalty on fuch negleci to take and fubfcribe the faid Oaths, or to fubfcribe the faid Aflurance, in fome of the faid Courts Perfons not qua- within the refpeftive Times aforefaid, (hall be i/yi /^jiSa adjudged and deemed incapable and didibled in ''^^'"S" Law to enjoy, ufe or exercii'e fuch Employment of a Governor, Deputy Governor, Direilor, Secretary, Cafhier, Treafurer, Accountant or Teller : And if any fuch Perfon fo refufing or negleding to take and iibfcribe the faid Oaths, or fubfcribe the faid Affurance as aforefaid, fhall, after fuch P^efufal or Negleft, exercife fuch Employment, every fuch Perfon fliall be liable to incur the fame Forfeitures, Penalties and Difabilities, as perfons executing OfEces of publick Truii: in Scotland, vvho have neglefled within the Time required by Law to take and fubfcribe the faid Oaths, or fubfciibe the faid Aflurance, may by the Laws now in Force be liable to and incur. ' XVI. And whereas by one other Aff of the twentieh Year of his prefent Majefly's Reign, it is enaflred, Recital of a ' That from and after the twenty-ninth Day of S^/i/OTji^r one thoufand feven hundred and forty-feven, it C'snTe in 70 ' ihall not be lawful for any Perfon whatfoever in Scotland to a£i as a Writer, Agent or Solicitor, or to ma- ^^°- -• <=• 4-3' ' nage, agent or folicit any Caufe or "Bufinefs in the Court of Seffion, Court of Jufticiary (whether at to As'en^ts^a'ncf ' Edinburgh or in the Circuit Courts) or in the Court of Exchequer, until fuch Perfon fhall have firft taken Solicitors. ' and fubfcribed the Oaths in the Court of Seffion or Jufticiary, or in one of the Sheriff's or Stewart's ' Courts appointed by Law to be taken by Perfons in Offices Civil or Military in Scotland, and caufed ' a Certificate of his having fo done to be entered or regiftered in a Book to be kept for that Purpofe in ' whether the Perfons airing as Extradfors in and about the Court of Seffion, as Clerks to any of the ' Lords of Seffion, or to any Advocate, as Clerks or firft Servants to the Principal and Under Clerks of ' Seffion, or as Keepers of the Regifters of Bonds, or other Regifters, as Colleifors or Sub-Colleftors of ' the Fees of the Lord P.egifter and Clerks of Seffion, are comprehended within the Litent and Meanino- ' of the faid Aft;' Be it therefore enafted by the Authority aforefaid, That no Perfon fhall, after the faid Ettraflors and twenty-ninth Day of September in the Year one thoufand feven hundred and forty-eight, be or aft as Ex- '^-^ks, &c. to traftor to the Court of Seffion, or as Clerk to, or Keeper of the Hand Rolls of any of the Lords of Seffion 'ujilj-""^/" or Jufticiary, or as Clerk to any Advocate, or as Clerk or firft Servant to any of the Principal or Under felves.^ ' '^"'' Clerks of Seffion or Jufticiary, or as Keeper or Under Keeper of the Regiffer of Bonds in any of the faid Clerks Offices, or other Offices of Regifters, or as Collectors or Sub-Colle'l«"^^d. Names of the Perfons taking the faid Oaths, and fubfcribing the faid AflTurance, in fuch Books, upon the faid Perfons taking fuch Oaths, and fubfcribing fuch Aflurance, before the Lords of the Seffion, upon Certificate from the proper Officer of fuch other Courts, where the fame fhall be taken and fubfcribed re- fpeclively ; and the Lords of the Seffion fhall caufe true and exadf Lifts of the faid Perfons fo takino- the Life of tlie Per- faid Oaths, and fubfcribing the faid Declaration, to be affixed every firft and laft Day of every Seffion, in fon^ who have the Outer an-d Inner Houfe of the faid Court, and to be kept up there conftantly, till new Lifts are fixed qu-ilifie" to be up according to this A61: ; and in cafe any Perfon fliall, after the faid twenty-ninth Day of September be j5'^°'' 'Vj"^ or a'ft as aforefaid, before he fhall have fo taken the faid Oaths, and fubfcribed the faid Affurance, he fhall Houfe of the"" be fubjefl: to the fame Dilabilities, Forfeitures, Penalties and Punifhments, as if he was Vv'"riter, Ao-ent or Court. Solicitor, within the Intent of the faid Aft ; and the Lords of Seffion are hereby impowered to give fuch Orders to be Orders, from time to time, to the Clerks, Macers or Keepers of the Minute Book, or other inferior Of- given by the ficers or Members of their Court, as they fhall judge neceffary, for the more effectually difcovcring and Lords of Seffion punifliing fuch of the faid Perfons, and fuch Writers, Agents or Solicitors, who fliall not qualify themselves fo^ dikovcring according to this and the faid recited Aft, and to cenfure and punifh fuch Officers of their Court, as they yj""^'" not qua- Ihall find guilty of neglefting to give Obedience to fuch Orders, or wilfully concealing any fuch Offenders ^' in not fo qualifying themfelves. ' XVII. And whereas by an Aft of Parliament paffed in the firft: Year of the Reign of his late Majefty,, Geo i c • intituled, Ai ASlfor encouraging of Superiors, VaJJab, Landlords and Tenants in Scotland, zvho do or fliall ' continue in their Duty and Loyalty to his Majefty King George ; and for difcour aging all Superiors, Vajlhls, ' Landlords andTenants there, who have been, or fliall be guilty of Rebellious PraS^ices againfl his faid Majefty ; VoL. VIL S ' nants
 * the refpeftive Courts where any fuch Perfon (hall fo officiate : And whereas a Doubt hath been entertained,
 * fe^cd Perfons in ScotyAnd i It is, amongft other Things, enafted. That all and every Tenant and Te-