Page:The Laws and Acts of Parliament of Scotland.djvu/145

 SEXT "PARLIAMENT. V. of December. 1540. iij gar them that ar admitted, write their fubfcription , and fignes manual in the faid buik , fik-like as they fub- icrive all inftrumentes, & as they will ufe in times cumming , and to difcharge all uthers , except them that ar writers, Notars, and Scribes, in OUR SOVERAINE LORDS Courtes of Juftice , baith Civill and Temporal, quha fall be admitted be the Chancellar, Prefident, and Lordes of Councell , and quha after the faide difcharge makis ony inftaiment , the famin fall be of nane availe , and have na faith , it beand opponed be the partie , and not beand proven in the contrair , that the faide Notar is admitted , as faid is : And that all Ordinares caufe fik-like to be done upon all Notares , that ar Spiritual men within their Dio- cefie: And quha that happenis to be maid Notares in times to-cum, that they ufe not the faide Office of Notarie, unto the time they cum before the SchirefTe or Ordinar, and gette their admiflion, fubfcrive and put their fignes in the faidisbuikes, as they will ufe in times to-cum, with certification to them, and they failzie, their inftrumenr.es fall be of nane availe , and make na faith. 77. SaifingesufionpreceptsoftheChancellarie, Jidd be given be the Schireffe Gierke, and all uthers be honeft Notars. ITEM, It is ftatute and ordained, for efchewing of inconvenients of giving offailinges be private Notars, quhais names ar oft-times un-knawin, and their protocolles cannot begotten, in-cafe the principal in- ftrument be tinte, deftroyed , fubftra&ed , and haldeu awaie. For efchewing hereof : THAT All fai- finges be given in times cumming, be the Schireffe Clerke , or his deputes , whom-fore he fall anfwere , and be nane uthers, upon all precepts that paffis be the Chancellarie : And all uthers faifinges to be given be famous Notars admitted thereto, and be nane uthers. 78. Of the admijfon of Notars, be the Lordes qfSeffion. TEM, Becaufethereisintheaftepreceedand, greate credence and faith to be given to the Notars and _Clerkes of Courte: It is ftatute and ordained, that all Schireffes, Stewardes, Bailiies, and uthers, baith to Burgh and Lande, prefent their Cler^es and Notars in prefence of my Lorde Chancellar , Prefidente j and Lordes of Councell, to be examined , fworne , and admitted : Providing alwaies , that they change or chufe as they pleafe : And quha that beis new chofen , to be prefented , and admitted , as faid is. 79. That the Protocolles qfallfaifinges be prefented zeirlie in the Checker. TEM, Anentis the acte of Parliament maid of auld, quhair it is ordained , that all Schireffes bring with t them at their Checker comptes anis in the zeire ane buik conteinand all faifinges given be them, at the leaft, the day, themonedi, of the giving of the faid laifinge, and the name of the landes conteined in the famin, be eiked in this maner : That the Clerke or the Court cum with the faid Schireffe or his Deputes, in everie Checker, and bring the faide buik with him, fubfcrived with his avvin hand and figne manual , that the famin may remaine in the Regifter : Swa that the Kingis Grace may knaw his tennentes, and all uthers havand entrefie, may have recoiirs thereto. 80. Of falfe Notars and ivitnejfe, Conn fellers , and ufers of falfed. ITEM, For puniffiment of falfe Notares, and them that bearis falfe witnefie , or that inducis ony man to beare falfe witnefie: And fiklike of them that makis falfe inftrumentes , or caufis make ony falfe inftru- mentes, or ufis the famin wittinglie : That all fik perlones in times cumming , be puniihed in their perfones and gudes with all rigour, fiklike as it is prbvidedbethedifpofitionoftliecommounLaw, baith, Canon, Civil, and ftatutes of the Realme. 81. Of Notars Ordinar in the Schireffe Court, or utherwaies. ITEM, For efchewing of greate inconvenient.es, that dailie occurris, in the reducing of procefie, led be- fore Schireffes, Stewards, and Bailiies of Burro wes, Regalities and Barronnies, quhair there is oft- times produced and fchawin inftrumentes, contrair to uthers : That is to fay, the inftrumentes and aftes maid be the Scribe of the court, beirand ane way , and inftrumentes tane in uthers Notars handes , beirand ane uther way, and oft-times alleageance, that was never heard nor underftande to the judge, his alTefiouresy or uthers members of court : 1 herefore in times cumming :■ It is ftatute and ordained, that all inftrumentes, notes and acres be maid and tane in die handes of the Scribe, and Notar Ordinar of rhe Courre, or his De- putes : And gif ony partie will have ane Notar with him, for mair fecuritie , that that Notar pafle and ftande within Barre, in quhais handes it fall be leiffull to onie partie , to take documentes , togidder with the Notar of Court : And that ilk ane of them be infert witnefie to udiers, with ane parte of the maift famous perfones, afleflbures or uthers members of court being within Barre, with fik uther honeft-men as ar prefent, with cer- tification, gif this forme and fafhion be not keiped, that the inftrument taken in ony uther Notars handes, nor the Scribe of courte, fall have na faith. And gif the Notar and Scribe of courte, refufis to give inftru- V z mentes,