Page:Public Records Scotland Act 1809 (Ukpga 18090042 en).pdf/4

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49° GEORGII III. Cap.42.

Books and Warrants of the ſame, and with an Inventory of the Whole, to the Accuracy and Completeneſs of which the ſaid Clerks reſpectively that make Oath in the Court of the Sheriff Depute or Stewart Depute; and that the ſaid Sheriff Clerks or Stewart Clerks ſhall receive the aforeſaid Books, Regiſters and Warrants reſpectively, to be depoſited with the other Public Records under their Cuſtody and Care, and ſhall make and ſubſcribe full Duplicates of ſuch Inventories to be delivered to and depoſited by the ſaid Clerks of Burghs reſpectively with the other Public Records under their Cuſtody and Care.

Penalties on Officers wilfully refuſing or neglectingVII. And, in order that the aforeſaid Proviſions of this Act respecting the Delivery of the ſeveral Commiſſary or Burgh Records to the Lord Clerk Regiſter and the ſeveral Sheriff Clerks and Stewart Clerks reſpectively, may be faithfully and punctually carried into Execution; be it enacted, That it ſhall be competent for the Lords of Council and Seſſion, on a ſummary Complaint by the Lord Clerk Regiſter, to inflict ſuch Penalties, not exceeding the Sum of Fifty Pounds for each Offence, upon any Sheriff Clerk or Stewart Clerk, Burgh Clerk, or Commiſſary Clerk, wilfully refuſing or neglecting to comply with the aforeſaid Proviſions of this Act, and to make ſuch further Orders thereon as may appear to them to be neceſſary, ſuch Penalties being in all Caſes recoverable by the Lord Clerk Regiſter, and ſolely applicable by him to the Purpoſes of the ſtabliſhment of His Majeſty's General Regiſter Houſe.

Sheriff Clerks to record Deeds and Probative Writs in Books marked and iſſued by Lord Clerk Regiſter. VIII. And be it further enacted, That from and after the Expiration of Six Months after the paſſing of this Act it shall not be lawful for the Sheriff Clerks or Stewart Clerks of the ſeveral Shires and Stewartries to uſe any Books for the Regiſtration of Deeds or other Writings, unleſs the ſame ſhall have been previouſly marked, at leaſt on the firſt and laſt Leaves thereof, and iſſued to them by the Lord Clerk Regiſter or his Deputies authorized to that effect, for each of which Books there ſhall not be charged more than the prime Coſt thereof, together with a Fee to the Deputy Keepers of Records not exceeding Five Shillings Sterling;Penalties on Officers diſobeying. and if any Sheriff Clerk or Stewart Clerk ſhall uſe any other Books or Regiſters than ſuch as ſhall have been previouſly marked as aforeſaid, and iſſued to him by the Lord Clerk 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 Proceſs, by the Lord Clerk Regiſter, on a ſummary Complaint at his Inſtance to The Lords of Council and Seſſion (ſuch Penalty being in all Caſes ſolely applicable by the Lord Clerk Regiſter to the Purpoſes of the Eſtabliſhment of His Majeſty's General Regiſter Houſe) and ſhall further be bound and obliged again to record the ſame Deeds and other Writings or Books duly marked and iſſued to him as aforeſaid.

Clerks of Royal Burghs to record Seiſins, and Deeds in Books marked and iſſued by Lord Clerk Regiſter. IX. And be it further enacted, That from and after the Expiration of Six Months after the paſſing of this Act, it ſhall not be lawful for the Clerks of Royal Burghs to uſe any Books for the Regiſtration of Inſtruments of Seiſin of Subjects holding in Burgage, or for the Deeds and other Inſtruments which they are hereby enabled to receive and to record, unleſs ſuch Books ſhall have been previouſly marked and iſſued by the Lord Clerk Regiſter, or his Deputies, in the Manner above directed, and under thePenalties on Officers diſobeying. Penalty above provided, in the Caſe of Sheriff Clerks or Stewart Clerks as aforeſaid.

X. And