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anno quadragesimo nono
GEORGII III. REGIS.
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CAP. XLII
An Act for better regulating the Publick Records of Scotland.
[12th May 1809.]
WHEREAS Irregularities and Inconveniencies have ariſen or may ariſe from the unneceſſary Multiplicity of Regiſters in Scotland in which Deeds and other Writings may be competently recorded, either for Execution or for Preſervation: And whereas the Laws heretofore deviſed for regulating the Formation and Cuſtody of the Public Records, and more eſpecially of thoſe in the Local Regiſtries throughout Scotland, have not been found effectual; and it is of high Importance that the Whole of the Public Records within that Part of the United Kingdom ſhould be placed under one general and effectual Plan of Management and Controul: And whereas by an Act of the Parliament of Scotland, paſſed on the Thirteenth Day of June in the Year One thouſand ſix hundred and eighty-fiveAct 1685, cap. 38., intituled, Act concerning the Regiſtration of Writs in the Books of Seſſion, it is inter alia ſtatuted and ordained, "That no Clerk of inferior Court for the future preſume to regiſtrate any Writs in his Books, either for Conſervation or where Execution is to paſs againſt any Party that dwells without the Juriſdiction, under the Pain of Deprivation and of Five hundred Merks of Penalty, the one Half to his Majeſty, and the other Half to the Party purſuer," which Proviſions of the aforeſaid Act it has become neceſſary to renew, modify, and enlarge; May it therefore pleaſe Your Majeſty that it may be enacted; and be it enacted by the King's moſt Excellent Majeſty, by and with the Advice and Conſent of the Lords Spiritual and Temporal, and Commons, in this preſent Parliament aſſembled, and by the Authority of the ſame,Clerks of Burgh Courts not to record Probative Writs, or Deeds, in Virtue of Clauſes of Regiſtration: That from and after the Expiration of Six Months after the paſſing of this Act, but with and under the Exceptions and Reſervations herein, after mentioned, it ſhall not
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