Subscription by initials which is legal, if the party has been in the habit of so subscribing, may be denied by way of exception, without necessity of improbation.
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A charge for payment of 200 merks being suspended, because 75 merks thereof were paid, as the parties' discharge thereof bears; and the charger alleging the discharge to be null, because it was only subscribed or marked with the mark, and two initial letters of the charger's name, which he denied to be his subscription; and albeit it were, it was not sufficient to oblige him in this sum, not being subscribed by himself, nor yet by a notary for him, as use is; the Lords repelled the allegeanee, and sustained the discharge, the suspender proving by the witnesses insert in the discharge, that the same was so marked, and the said two letters put to by the charger's self, to the acquittance, at the time of the date thereof; which the Lords found sufficient to sustain the same, notwithstanding of the allegeance.
Act. Oliphant.Alt. Mowat.
Durie, p. 671.
*** The like found 17th January 1611, Caraway against Ewing, reported by Haddington as follows:— “A bond or discharge neither subscribed by the party, nor by notaries, for him, but alleged marked by him with two letters for his name, furth of the country, in presence of witnesses subscribing, because the party could not write, and notaries could not be had there; that obligation could not be registered, by compearance of a procurator upon the mandate contained in the bond, which the clerks should not receive, but the same should be registered by summons and citation of the parties. A bond subscribed after that manner will not be sustained, nor give action, unless the user offer to prove the verity thereof by the witnesses inserted.”
