The fact, that instruments were taken in a notary's hand, was allowed to be proved by witnesses.
Click here to view a pdf copy of this documet : PDF Copy
Gif the clame, libel, exceptioun, or ony uther alledgeance, be admittit to probatioun, the qubilk sould be provin be writ, and the partie alledgeand that the instrument, necessar for preiving of his intent, was takin in the handis of ane Notar, and as zit not extractit nor, deliverit be the said Notar, he aucht and sould have letteris be deliverance of the Lordis, charging the Notar to deliver the said instrument: And gif the Notar denyis him to have bene Notar thairto, it may be provin be sufficient witnessis that the samin was takin in his handis: And gif it happinis, in the time of the samin proces of probation dependand aganis him, to cum to the partie's knawledge, that ane uther man was Notar in the said matter, and that instrument was takin in his handis thairupon, the partie makand faith that the samin of new is cum to his knawledge, aucht and sould have the like diligence as is befoir expremit aganis the second Notar beand on life; utherwayis, gif he be deid, the partie may call and persew for transuming of the prothocal.
Fol. Dic. v. 2. p. 234. Balfour, (Of Probatioun be Writ.) No 29. p. 367.
