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Public Records (Scotland) Act 1809

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Public Records (Scotland) Act 1809

1809 CHAPTER 42

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 1685, cap. 38.] Act of the Parliament of Scotland, passed on the Thirteenth Day of June in the Year One thousand fix hundred and eighty-five, 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 moil 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,

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