Clerk of the Commiffary Court of Edinburgh fhall deliver his Registers of

Deeds, and the

Warrants to the
Lord Clerk
Register.

Clerks of inferior
Commiffary
Courts fhall
deliver their
Registers of
Deeds, and the

Warrants to
Sheri.f Clerks.

Clerks of Burghs of Regality and Barony, fhall deliver their Registers of Deeds, and the Warrants, if any, to Shariff Clerks.

fuch Offence, to the Lords of Council and Seffion, fuch Penalty in the latter Cafe being folely applicable by the Lord Clerk Regifter, to the Purposes of the Eftablishment of His Majefty's General Regifter House.

IV. And be it further enacted, That on or before the Expiration of Six Months after the paffing of this Act, the Clerk of the Commiffary Court of Edinburgh fhall deliver to the Lord Clerk Regifter, or his Deputy Keepers of Records, all the Books or Registers of Deeds or of Probative Writings kept by them and their Predeceffors in Office, and which shall be in their Custody, together with the Minute Books and Warrants of the faid Registers or Books of Record, and with an Inventory of the whole, to the Accuracy and Completeness of which the faid Clerks fhall make Oath before the Lords of Council and Seffion; and that the Lord Clerk Register or his Deputy Keepers of Records shall receive the aforefaid Books, Registers, and Warrants to be depofited with the other Publick Records of Scotland, and fhall make and fubfcribe a full Duplicate of the aforefaid Inventory, to be delivered to and depofited by the faid Clerk with the other Records of the Commissary Court remaining under his Cuftody and Care.

V. And be it further enacted, That on or before the Expiration of Six Months after the paffing of this Act, the Clerks of the feveral inferior Commiffary Courts fhall deliver to the Sheriff Clerks or Stewart Clerks of the Shires or Stewartries within which fuch Commiffary Courts are refpectively fituated, all the Books or Registers of Deeds or of Probative Writings, if any, which have been kept by them and their Predeceffors in Office, and which fhall be in their Cuftody, together with the Minute Books and Warrants of the fame, and with an Inventory of the whole, to the Accuracy and Completenefs of which the faid Clerks refpectively shall make Oath in the Court of the Sheriff Depute or Stewart Depute, and that the faid Sheriff Clerks and Stewart Clerks fhall receive the aforefaid Books, Registers, and Warrants refpectively, to be depofited with the other Publick Records under their Cuftody and Care, and fhall make and fubfcribe full Duplicates of the afore said Inventories to be del vere 1 to and depofited by the faid Commiffary Clerks with the other lub ick Records remaining under their Cuftody and Care.

VI. And be it further enacted, That on or before the Expiration of Six Months after the paffing of this A&, the Clerks of the feveral Burghs of Regality and Barony aforefaid, fhall in like Manner deliver to the Sheriff Clerks or Stewart Clerks of the Shires or Stewartries within which fuch Burghs are respectively fituated, all the Books or Regifters of Deeds or of Probative Writings, if any, which have been kept by them and their Predeceffors in Office, and which fhail be in their Cultody, together with the Minute Books and Warrants of the fame, and with an Inventory of the whole, to the Accuracy and Completeness of which the faid Clerks refpectively fhall make Oath in the Court of the Sheriff Depute or Stewart Depute; and that the faid Sheriff Clerks or Stewart Clerks fhail receive the aforefaid Books, Registers and Warrants refpectively, to be depofited with the other Publick Records under their Cuftody and Care, and fhall make and subfcribe full Duplicates of fuch Inventories to be delivered to and depofited by the faid Clerks of Burghs refpectively with the other Publick Records under their Cuftody and Care.

refufing or

neglecting.

VII. And, in order that the aforefaid Provifions of this A& • refpecting the Delivery of the feveral Commiffary or Burgh Records to the Lord Clerk Regifter and the fevral Sheriff Clerks and Stewart Clerks refpectively, may be faithfully and punctually carried into Execution;' Be it enacted, That it fhall be competent for the Penalties on Lords of Council and S-ffion, on a fummary Complaint by the Lord Officers wilfully Clerk Register, to inflict fuch Penalties, not exceeding the Sum of Fifty Pounds for each Offence upon any Sheriff Clerk or Stewart Clerk, Burgh Clerk, or Commiflary Clerk, wilfully refufing or neglecting to comply with the aforefaid Provifions of this A&t, and to make fuch further Orders thereon as may appear to them to be neceffary, fuch Penalties b-ing in all Cafes recoverable by the Lord Clerk Regitter, and folely applicable by him to the Purposes of the Eftablishment of His Majesty's General Regifter House.

Sheriff Clerks hall record

Deeds and Pro

bative Writs in Books marked and iffied by Lord Clerk

VIII. And be it further enacted, That from and after the Ex. piration of Six Months after the paffing of this A&t, it fhall not be lawful for the Sheriff Clerks or Stewart Clerks of the feveral Shires and Stewartries to use any Bo ks for the Registration of Deeds or other Writings, unless the fame fhall have been previously marked, at leaft on the first and laft Leaves thereof, and iffued to them by the Lord Clerk Register or his Deputies authorized to that Effe&t, for each of Register. which Books there fhall not be charged more than the prime Colt thereof, together with a Fee to the Deputy Keepers of Records not exceeding Five Shillings Sterling; and it any Sheriff Clerk or Stewart Penalties on Clerk fhall ufe any other Books or Regifters than fuch as fhall have Officers been previously marked as aforefaid, and iffued to him by the Lord difubeying. C'erk Register or his Deputies, he shall be liable in a Penalty of Five Pounds Sterling for each Offence, to be recoverable, together with the Expences of Procefs, by the Lord Clerk Register, on a fummary Complaint at his Inftance to the Lords of Council and Seffion, (fuch Penalty being in all Cafes folely applicable by the Lord Clerk Register to the Furposes of the Establishment of His Majefty's General Regifter Houfe,) and fhall further be bound and obliged again to record the fame Deeds and other Writings or Books duly marked and issued to him as aforefaid.

and Deeds in

IX. And be it further enacted, That from and after the Expiration Clerks of Royal of Six Months after the paffing of this Act, it shall not be lawful for Burghs fhall the Clerks of Royal Burghs to ufe any Books for the Registration of record Seifins, Inftruments of Seifin of Subjects holding in Burgage, or for the Books marked Deeds and other Inftruments which they are hereby enabled to receive and iffued by and to record, unlefs fuch Books fhall have been previously marked Lord Clerk and iffued by the Lord Clerk Regifter, or his Deputies, in the Manner Register. above directed, and under the Penalty above provided, in the Cafe of Sheriff Clerks or Stewart Clerks as aforefaid.

Sheriffs Depute hall annually examine the State of Record Offices, and the Progrefs and

X. And be it further enacted, That the Sheriff Depute and Stewarts Depute of the feveral Shires and Stewartries, or their SubAtitutes, fhall at least once in every Year carefully examine into the Progrefs and State of all the different Records framed and kept by the respective Sheriff Clerks and Stewart Clerks, and fhall prepare exact Reports in Writing, fetting forth the Refult of their Examinations, State of Records and particularly specifying the State and Situation of the Buildings kept by Sheriff Clerks; and in which the Records of their refpective Shires and Stewartries are report thereon kept, and how far the I.aws and Regulations relative to the several to the Court of Records have been faithfully and punctually executed and obeyed; and Justiciary:

G 2

the

Court of Jufti

iary fhall direct Inquiries and make Orders thereon.

Magiftrates of Royal Burghs fhall annually examine the Progrefs and State of Records; and report theren to the Court of Jufticiary.

tranfmiffible periodically to the General Regifter Houfe, Ball be delivered

A.D. 1809. the Sheriffs Depute of the feveral Shires of Edinburgh, Haddington, and Linlithgow, or their Subftitutes refpectively, fhall in the Month of November in every Year present fuch Reports, duly authenticated, to the Lords Commiffioners of Jufticiary, at Edinburgh, and the Sheriffs Depute and Stewarts Depute of the other Shires and Stewartries, or their Subftitutes refpectively, fhall present their faid Reports, duly authenticated, to the Lords Commiffioners of Jufticiary, at the Circuit Courts that fhall be holden within their respective Bounds, in the Autumn of every Year; and the faid Lords Commiffioners of Jufticiary are hereby empowered to make fuch Orders thereon, or direct fuch further Inquiries to be made as may appear to them to be neceffary, and direct their Clerks to enter the fame in the Minutes of the Court, and thereafter to tranfmit the feveral Reports, with a certified Copy of the Orders that may have been made by them thereon, to the Lord Clerk Regifter, at whofe Inftance it fhall be competent to prefent to the Lords of Council and Seffion fummary Complaints against any of the Sheriff Clerks or Stewart Clerks, or their Depu ies, on account of any Neglect or Maiverfation in the Bufinefs of the feveral Records committed to their Care, and for redreffing and punishing the fame according to Law.

XI. And be it further enacted, That the Chief Magiftrates of the faid Royal Burghs refpe&tively, shall at least once in every Year carefully examine into the Progrefs and State of all the different Recorda framed and kept by the refpective Clerks of fuch Royal Burghs, and fhall prepare exact Reports in Writing, in the Manner above directed, in the Cafe of Sheriff Clerks and Stewart Clerks; and fuch Chief Magiftrates (hall, in the Month of November in every Year, tranfmit fuch Reports to the Lords Commiffioners of Jufticiary at Edinburgh, who are hereby empowered to make Orders, and direct Inquiries, in the Manner above provided, in the Cafe of Sheriff Clerks and Stewart Clerks as aforefaid; and the Clerks of Jufticiary fhall in like Manner tranfmit fuch Reports, with a certified Copy of fueh Orders, to the Lord Clerk Regifter, at whofe Inftance fummary Complaints may be made againit Clerks of Royal Burgh, in the Manner above dire&ed, in the Cafe of Sheriff Clerks and Stewart Clerks as af aforefaid.

XII. And Whereas it is expedient that the Tranfmiffion of the 'fucceffive Volumes or Books of the feveral Publick Records, from the Offices in which they are formed, to His Majesty's General Register Houle, fhould be made with the leaft poffible Delay;' Be Regifters by Law it enacted, That within Six Months after the paffing of this Act. the Keepers of the feveral Publick Records which are by Law tranfmiffible to His M-jetty's General Regifter House, shall deliver all the Volumes or Books of their refpective Records that are already completed, together with the Minute Books and the Warrants thereof, to the Lord Clerk Regifter or his Deputies; and that in all Time coming thereafter the fucceffive Books or Volumes of thefe Records shall in all Cafes be de ivered to the Lord Clerk Regifter or his Deputies within Three Months after the fame have been feverally completed and filled up; and if the Keepers of thefe Records fhall refufe or neglect to make fuch regular Tranfmiffion of the fucceffive Books of their respective Records, it fail be competent for the Lord Clerk Regifter to prefent a fummary Application to the Lords of Council and Seffion, complaining of fuch Refufal and Neglect, by whom Warrants fhall be granted for iffuing Letters of Horning against fuch

within Six Months after Completion. Penalties on Officers difobeying.

Keeper

Keeper or Keepers, in order to enforce Obedience to this A&t. and by whom fuch further Pains and Penalties may be inf&d by Fine, not exceeding Fifty Pounds on fuch Defaulters, as in the Circumftances of the Cafe fhall feem juft, to be applied by the Lord Clerk Register to the Purposes of the Establishment of His Majefty's General Regifter House.

XIII. And, for remedying the Inconveniences that have arifen or 'may arife from the unneceffary Multiplicity of Writings and Records now in Use, as the fucceffive Warrants of Charters and Grants of • Lands and other heritable Property, which pafs under the Seal ap pointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal thereof formerly used there;' Be it enacted, That from and after the Expiration of Six Months after the paffing HowWrits under of this Act, in expeding fuch Charters and Grants under the aforefaid the Great Seal, Seal, the Latin Precept under the Signet fhall be fo framed as to be fhall be expode. carried directly to Chancery without its containing any Order that a Precept under the Privy Seal fhail be directed thereupon, and without fuch Precept under the Privy Seal being made out or recorded, and fuch Latin Precept under the Signet fhall from thenceforth be received by the Director of His Majesty's Chancery in Scotland, and by the Keeper of the Great Seal, as the only legal and fufficient Warrants to them refpectively for framing Granta in Terms of the fame, and for appending thereto the Seal appointed by the Treaty of Union to be kept and ufed in Scotland in place of the Great Seal thereof formerly ufed there.

XIV. And be it enacted, That fo long as the Writer to His Compenfation to Majefty's Privy Seal, and the Keeper of that Seal in Poffeffion of the Officers of the their refpective Offices of Writer and Keeper at the Date of the Privy Scal. paffing of this A&t, fhall continue to hold the fame respectively and no longer, the aforefaid Precepts under His Majesty's Signet fhall be produced to the said Writer and Keeper or their respective Deputies, by the Clerks to His Majesty's Signet, by whom the faid Precepts respectively have been expede, and the fame Fees heretofore due on the Writing and Sealing of Precepts under the Privy Seal, fhall there upon be paid to the faid Keeper and Writer refpectively and their Deputies, of which Payments to them refpectively a fhort Atteftation fhall be written on the Back of the aforefaid Precepts under the Signet, and fubfcribed by the faid Writer and Keeper or their Deputies; and if the Director of His Majefty's Chancery fhall, during the Period aforefaid, receive as his Warrant for framing any Charter any fuch Precept under the Signet which does not bear the due Atteftations as aforefaid, he fhail be liable in Penalties equal in Amount to the Fees of which the faid Writer or Keeper respectively have been deprived; the aforefaid Penalty, together with the Expences of Procefs, being recoverable by the faid Writer or Keeper on fummary Complaints at their Inftance to the Lords of Council and Seffion. XV. And Whereas it is of great Importance that the Record of Writs paffing under the Great Seal, and which is kept by the Director of Chancery, fhould be in ail Refpects complete, authentic, and authoritative; and that an Act of Sederunt touching that Record was paffed by the Lords of Council and Seffion on the Eleventh Day of February One thoufand eight hundred and eight, to which it is 'expedient to give the Force and Effect of a Publick Law;' Be it enacted, That the Keeper of the Great Seal or his Deputies, inftead

of delivering the fealed Charters or other Writs to the Perfons by whom thefe have been expede, shall forthwith deliver the fame, together with the Warrants thereof, to the Director of Chancery or his Deputy, by whom, after making the proper Entries of the Sealing in the Record, the Writs fhall be delivered refpectively to the Perfons by whom they fhall have been expede; and the aforesaid Warrants shall remain in the Poffeffion of the Director of Chancery, until the fame, together with the Regifter in which the relative Writs have been recorded, fhall be tranfmitted to His Majefty's General Regifter House.

XVI. And be it enacted, That Extracts of Writs from the Regifter of the Great Seal, of which the Fact and Date of Sealing fhall have been duly recorded, (fuch Extracts being certified in due Form by the Keepers of the faid Records), fhall make entire Faith in all Cafes, excepting in Cafes of Improbation.

XVII. And, in order that permanent Compenfation may be made to the Clerks of Royal Burghs and their Succeffors in Office, and that Compenfation during their refpective Lives or Continuance in Office, may be made to the Clerks of Burghs of Regality and of Barony, and to the Commiffaries and Clerks of Commiffary Courts and other Keepers of Publick Records, for and in respect of the Profits and Emoluments of which they will be deprived by the Operation of this A&t,' Be it enacted, That the faid feveral Perfons having fuch Claims, and meaning to infift therein, fhall, within Twelve Months after the paffing of this Act, prefent the fame to the Court of Exchequer in Scotland, together with the Vouchers and Evidence by which the fame are meant to be fupported; and the faid Claims, with the Vouchers thereof, fhall be given out to His Majesty's Advocate, in order that he may appear and object to the fame, if neceffary; and the Barons of the Exchequer, after due Inquiry made by them into the Circumftances of each Cate, are hereby authorized and required to determine and ascertain the Amount of the Fees and Emoluments of which the aforefaid Claimants fhall have been, or may be deprived by the Operation of this Act, and what Sums will form a juft and reafonable Compenfation to fuch Claimants refpectively, either by annual Payments to the aforefaid Clerks of Royal Burgns and their Succeffors in Office, or by Payments in the grofs, or in Annuities, during their refpective Lives or Continuance in Office, and no longer, to the feveral other (aforefaid Claimants, and shall cause fuch Determination to be entered in a Roll or Book to be kept for that Purpose; and shall report the fame, under their Hands, to His Majefty, His Heirs and Succeffors, and to both Houses of Parliament. XVIII. And be it further enacted, That fo foon as fuch Compenfation fhall have been afcertained by the Barons of the Court of Exchequer as aforefaid, it shall and may be lawful for the said Barons, and they are hereby directed and required, from Time to Time to iffue their Warrant or Warrants to His Majefty's Receiver-General for Scotland, who fhall thereupon pay the Sum or Sums fpecified therein to the Perfon or Perfons entitled thereto out of any Money then in his Hands; and every Sum fo paid upon any fuch Warrants shall be allowed in his Account.

CAP.