The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. VIII.
Stamp.
Lord Callendar v. Lord John Hamilton
1686.
March. Case No. No 131.
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In a general declarator of escheat, it being objected, That the executions of the horning were null, because though a late horning, it did not appear to be stamped, conform to act 32. Parl. 5. James III., act 74. Parl. 6. James V., and many decisions, as March 6. 1624, No 128. p. 3778. &c.
Answered; That stamping, since the act of Parliament requiring the subscription of notaries, is not essential; and the execution itself bears to be stamped; and, de consuetudine, the very tearing and laying down of the paper is sufficient, without either wax or seal, which demonstrates, that stamping is but an insignificant solemnity; nor doth the late act, requiring witnesses' subscriptions to executions, mention it.
The Lords, in respect of the above mentioned acts of Parliament, and constant custom, found the [execution of] horning [null] for not being stamped.
