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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Inter eosdem
12 January 1677 Click here to view a pdf copy of this documet : PDF Copy
In the same case it was found,—That an instrument of requisition was null, because it did not bear that the procuratory was produced. And an instrument being produced, extended under the notary's hand, and being quarrelled upon the ground foresaid, the Lords did not allow the notary to give out another instrument, bearing the procuratory to be produced; nor did admit probation, by witnesses, that the procuratory was produced; seeing such solemnities are not presumed, and cannot be proven by witnesses, but by valid and formal instruments:
And a notary, having given out an instrument that is defective, cannot thereafter give another to supply the defect; otherwise the question being betwixt the creditors, who had done lawful diligence, and a donatar, it should be in the power of a notary to prefer and gratify either party as he should be prevailed with, either to give out, or not to give another instrument. Page 211.
The electronic version of the text was provided by the Scottish Council of Law Reporting