Page:The Laws and Acts of Parliament of Scotland.djvu/295

 ELLEVENTH PARLIAMENT." XXIX. of July i f 8 7 . x 73 audit to be obferved in making of their inflrumentes: contraries, and utheris vvrittes, titles and fecurities, nochtknawingquhatmayflandbeLaw, ordour and praftick , obferved within this Realme , and quhat not: lies genered and dailie generis monyplees: queilions and controverfies , amangfl his Hienefle Lieges, j bringing them in great trouble, charges and expenfes. FOR Remeid quhairof , it is flatute and ordained, be his Majeflie , with ad vife of the three Eflaites of this prefent Parliament, thatalladmifiionof Notares in timecumming, ceafe and ftay for the (pace of five zeires , nixt after the dait of thir prefents : And that nane b« admitted Notares thereafter ; hot they that hes reafonable underftanding in the Latine toung, and and is at the leaft congruous : That: they have ferved and bene in companie with ane of the Lordes of Seffi- on, Commiilares, writers to the Signet : Or fum of the Schireffe, Stewarde or Baillie Clarkes, of the ' Schire, orcommounClerkesoftheheadBurrowesofthisPveaime: And have ferved them trewlie, the full
 * fpace of feven zeires, and reporte their teflimoniall of their trueth and qualification, to be fchawen to the

I Lordes of Councell, in time of their examination, quhilkis fall take care in the fame examination bee their I felves, or fum of their avven Clerkes of the Signet, quhom they pleafe call to them for that effect. And fpeciallie, they fall caufe the parties, defirous to be admitted Notar, give a prefent and full proofe in their prefence of his writing and congruitie, be forming of fum evident ; As charter of Ward, blench, few- ferme, burgage, mortification, orapprifing, or of ane precept pad on ane retour, or of Clare conjiat , orofaneiniefrmentofrefignation, in favour adpcrpetuam rcmanentiam : orfuminflrumentoffeafing, or of ane con trad, a compromit, aprocuratorie, aracke, a reverfion, acquittance, obligation, or fum uthercommoun forme of evident. And nane to be admitted, bot be tryall and proofe in maner forefaid; And quhairas diverfe and findrie Notares, hes bene admitted in time by-gane , and caution found be them , conforme to the aftes maid there-upon, and that the cautioners, quhilkis become caution for them, arfgr the maifl part deceafed. It is ftatute and ordained, that the bands a id a&es of the faidis cautioneris , fall extend againfl their aires : Aujchat' 1 " Notares within tho Realme, fallbringand prefent their Protocoll buiks, before the Lords of Seffion, beta, xt this and the firfl day of Jamiar nixt-to-cum; To be ufed and confidered be the faidis Lordes : That it iii ly be knawin how monie of their Cautioners ar on live ; And how m jnie deceafed : A nd quhair they ar deceafea , or fall be found be the faidis Lordes to be inefficient, that utliers new and fuiflcicnt caution ens, bee founden in place of the cautioneris deceafed, to the content- ment of the Lordes of Councell. And chat fik Notares as lall be foundin altogether ignorant, and not worthie for ufing of that Office , i all be deprived of all ufing thereof in time cumming : And ordainis the Schireffe of evene Sqhire , Baillie ofRcgalitie , their deputes and uther Judges ordinarquhat-fumever, tofendetrew report and knawledge to the Clei^ of Regifter, betuixt this and the fird: day of November nixt-to-cum , of all perfones ufing the Office 01 Norane , within their boundes andjunfdiction. And gif onie Notares failzic in prefenting of their Protocoll buikes, to the effecT: under- written , that not onelie fall they be deprived fra their office, and alii heir inflrumentes quhdks they fall give foorth thereafter, declared null, and to make ina faith ; Bot alfwa they fall be called and perfewed, as tranfgreflbures ot his Majeities Lawes and Acles j of Parliament, and punilhed as perfones defamed , and un-worthie to bruik Office or place of credite there- after. And further ordainis, that ilk Cautioner , to be foundin be Notares in time cumming , for dew admi- ter their deceafe, fall be brocht to Edinburgh , and delivered to the Clerk of Regifter , or ane of his deputes, appoynted be him to that effecT:, quha fall be halden to fatiffie the relict bairnes , or Executour of ilk Notar , for the fame Protocoll, at the fight and modification of the Lordes of Sefiion : And thereafter the faidis Notaris buikes to be reteined and kceped in OUR SOVERAINE LORDIS Regifter. And the Clerk of Regifter, and his deputies, to be anfwerable therefore : And to make the fame patent &fborth- cummandtoall OUR SOVERAINE LORDIS Lieges, having intereft thereto, upon their rea-- fonable expenfes. 46. OftbennmberqfOfficiaresqf^Armes, their deprivation, their cautioners , and head Courtes, to be halden be the Tyon, Kingoft^Armes. OUR SOVERAINE LORD, And three Eftaites of Parliament, confidering how of late zeires, there is entred in the office of Armes, findrie extraordinar MailTers, and Purfevants , and ane verie great number of Meflengers, through importune fute of diverfe parties , in fik a confufed and incertaine maner, that it is become doubtfull quha ar admitted, and how, and quha deprived, or nocht .- Orquhid- der their cautioners be livand or departed this life. And feeing there was alwayes in times of beft government, a certaine number of Officiars of Armes : It is now therefore thochr expedient, flatute and ordained , that in time cumming, there fall be onelytwahundreth perfones, we-* :nd and bearand out Soveraine Lordis Armes, in the haill boundes of the Realme of Scotland: In quhilk number, Lyon, King of Armes, and hisBrether, the ordinar Herauldes, Maifieres and Purfevants , fall be comprehended , being in number xvij. perfones, and the remanent, to be divided amangfl the remanent Schireffc-domes of the Realme , in maner following : That is to fay, within the Schireft-dome of Or^/zy and Zetland, four : within the SchirefFc-domeof Innernesznd. Cromartie, ten: Within the Schireffc-dorne of Name, tvva: Within the Schireffe-dome of Elgin, and Forres, five: within the Schireffe-dome ef Bamjf, four: within the Scbreffe-domeoft^m/<?w, xij : Within the Schireffe-dome of Kincardin, four: Within the Schireffe - Q^q 3 dpme
 * niflration in their Offices, becum oblifhed in fpeciali , that their Protocoll buikes , within xv. dayes nixt af-