be lawful for the Clerks of Royal Burghs, or of Burghs of Regality or Barony within Scotland, to receive any Deeds or other Writings for the Purpoſe of being recorded by them in the Books or Regiſters of their reſpective Courts, either in virtue of an Act of the Parliament of Scotland paſſed on the Thirtieth Day of Auguſt in the Year One thouſand ſix hundred and ninety-eight, intituled, Act concerning Regiſtration of Probative Writs, or in virtue of any Clauſe contained in ſuch Deeds and Writings, conſenting that the ſame ſhould be recorded either for Preſervation thereof, or for Execution: Except that Clerks of Royal Burghs may record Proteſts on Bills; and Inſtruments of Seiſin of Tenements within Burghs; Provided always, that this Act ſhall not extend to or affect the Right of the Clerks of Royal Burghs to receive Inſtruments of Proteſt on Bills of Exchange, Inland Bills and Promiſſory Notes, and to record the ſame: Provided alſo, that this Act ſhall not extend to or affect the Right of the Clerks of Royal Burghs to record in their Books Inſtruments of Seiſin and other Writs relative to heritable Property holding Tenements within in Burgage and ſituated within their reſpective Burghs or Liberties thereof in virtue of an Act of the Parliament of Scotland, paſſed on the Sixth Day of September in the Year One thouſand ſix hundred and eighty-one, intituled, Act concerning the Regiſtration of Seiſins and Reverſions of Tenements and Deeds within Burgh:and Deeds relating excluſively to ſuch Tenements; Provided alſo, that this Act ſhall not extend to or affect the Right of the Clerks of Royal Burghs to receive and record Diſpoſitions, Tacks, and other Deeds, relating excluſively to the Property or Poſſeſſion of Subjects holding in Burgage and ſituated within ſuch Burghs or Liberties thereof reſpectively, or any Deeds where all the Parties are Burgeſſes or domiciled Inhabitants. or any Deeds or Inſtruments where all the Parties to the ſame ſhall be Burgeſſes or have a legal Domicil within ſuch Burghs, at the Time that ſuch Deeds or Inſtruments ſhall be preſented for Regiſtration.
Clerks of Commiſſary Courts not to record Probative Writs or Deeds, in virtue of Clauſes of RegiſtrationII. 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 the ſeveral Commiſſary Courts within Scotland, to receive any Deed or other Writing for the Purpoſe of being recorded by them in the Books or Regiſters of their reſpective courts, either in virtue of the above mentioned Act of the Parliament of Scotland, paſſed on the Thirtieth Day of Auguſt in the Year One thouſand ſix hundred and ninety-eight, or in virtue of any Clauſe contained in ſuch Deeds or Writings conſenting that the ſame ſhould be recorded either for Preſervation thereof or for Execution, or in virtue of an Act of the Parliament of Scotland, paſſed on the Sixteenth Day of September in the Year One thouſand ſix hundred and eighty-one, intituled, Act concerning Bills of Exchange, or of any Acts of the Parliament of Great Britain authorizing the Regiſtration of Bills and Promiſſory Notes for the Purpoſe of ſummary Execution.
Penalties on Officers diſobeying. III. And be it further enacted, That, if after the Date aforeſaid, any of the Clerks of Royal Burghs, or Burghs of Regality or Barony, or any of the Clerks of the Commiſſary Courts within Scotland, ſhall receive any of the above-mentioned Deeds or Writings, for the Purpoſes of recording the ſame in their reſpective Books or Regiſters, or ſhall tranſcribe the ſame into their Books, or ſhall give forth Copies thereof, bearing to be Extracts from their reſpective Books or Regiſters, excepting as above excepted, the aforeſaid Books, Copies, and Extracts, ſhall not make Faith or be of any Avail or Authority whatever; and the aforeſaid Clerks or others ſo offending ſhall be liable in a Penalty of Five Pounds for each Offence, which may be ſued for and ſhall be recoverable to his own Uſe,