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In a reduction of an apprising deduced upon a bond of 5,000 merks, objected against the bond, That it was signed by two notaries before three witnesses only. Answered, The bond is in implement of a contract of marriage, and consequently cannot be a deed of great importance, when nothing is contained in the bond but what the party was ab ante obliged for. The Lords did find, That if the sum of 5,000 merks, contained in the bond, was stipulated in the contract of marriage, that it could not be reduced upon that nullity; but if it did exceed the provision in the contract, it was null by the act of Parliament, and no better than other bonds so subscribed.
Gosford. Stair.
*** This case is No. 103. p. 12975. voce Provision to Heirs and Children.
