Page:Public Records Scotland Act 1809 (Ukpga 18090042 en).pdf/3

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49o GEORGII III. Cap. 42.
299

together with the Expences of Proceſs, by the Sheriff Clerk or Stewart Clerk of the Shire or Stewartry within which ſuch Offence ſhall have been committed, on a ſummary Complaint to the Sheriff Depute or Stewart Depute of ſuch Shire or Stewartry; and in Default of ſuch Proſecution at the Inſtance of the Sheriff Clerk or Stewart Clerk, within Twelve Months from the Date of the Commiſſion of ſuch Offence, then ſuch Penalty ſhall and may be ſued for and recovered, together with the Expences of Proceſs, by the Lord Clerk Regiſter on a ſummary Complaint preſented within Three Years after the Date of ſuch Offence, to the Lords of Council and Seſſion, ſuch Penalty in the latter Caſe being ſolely applicable by the Lord Clerk Regiſter, to the Purpoſes of the Eſtabliſhment of His Majeſty's General Regiſter Houſe.

Clerk of the Comisſſary Court of Edinburgh to deliver his Regiſters of Deeds, and the Warrants to the Lord Clerk Regiſter.IV. And be it further enacted, That on or before the Expiration of Six Months after the paſſing of this Act, the Clerk of the Commſſrary Court of Edinburgh ſhall deliver to the Lord Clerk Regiſter, or his Deputy Keepers of Records, all the Books or Regiſters of Deeds or of Probative Writings kept by them and their Predeceſſors in Office, and which ſhall be in their Cuſtody, together with the Minute Books and Warrants of the ſaid Regiſters or Books of Record, and with an Inventory of the whole, to the Accuracy and Completeneſs of which the ſaid Clerks ſhall make Oath before the Lords of Council and Seſſion; and that the Lord Clerk Regiſter or his Deputy Keepers of Recordsſhall receive the aforeſaid Books, Regiſters, and Warrants to be depoſited with the other Public Records of Scotland, and ſhall make and ſubſcribe a full Duplicate of the aforeſaid Inventory, to be delivered to and depoſited by the ſaid Clerk with the other Records of the Commiſſary Court remaining under his Cuſtody and Care.

Clerk of the inferior Commiſſary Courts to deliver their Regiſters of Deeds, and the Warrants to Sheriff Clerks.V. And be it further enacted, That on or before the Expiration of Six Months after the paſſing of this Act, the Clerks of the ſeveral inferior Commiſſary Courts ſhall deliver to the Sheriff Clerks or Stewart Clerks of the Shires or Stewartries within which ſuch Commiſſary Courts are reſpectively ſituated, all the Books or Regiſters of Deeds or of Probative Writings, if any, which have been kept by them and their Predeceſſors in Office, and which ſhall be in their Cuſtody, together with the Minute Books and Warrants of the ſame, and with an inventory of the whole, to the Accuracy and Completeneſs of which, the ſaid Clerks reſpectively ſshall make Oath in the Court of the Sheriff Depute or Stewart Depute, and that the ſaid Sheriff Clerks and Stewart Clerks ſhall receive the aforeſaid Books, Regiſters, and Warrants reſpectively, to be depoſited with the other Public Records under their Cuſtody and Care, andſhall make and ſubſcribe full duplicates of the aforeſaid Inventories to be delivered to and depoſited by the ſaid Commiſſary clerks with the other Public Records remaining under their Cuſtody and Care.

Clerks of Burghs of Regality and Barony, to deliver their Registers of Deeds, and the Warrants, if any, to Sheriff Clerks.VI. And be it further enacted, That on or before the Expiration of Six Months after the paſſing of this Act, the Clerks of the ſeveral Burghs of Regality and Barony aforeſaid, ſhall in like Manner deliver to the Sheriff Clerks or Stewart Clerks of the Shires or Stewartries within which ſuch Burghs are reſpectively ſituated, all the Books or Regiſters of Deeds or of Probative Writings, if any, which have been kept by them and their Predeceſſors in office, and which ſhall be in their Cuſtody, together with the Minute
Books