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By act 5, Parl. 1681, the witnesses ought “to hear the party give warrant to the notary to subscribe for him, and, in evidence thereof, touch the notary's pen;” yet no law requires that the notary's attestation do mention this solemnity, and the same will be presumed until the contrary be proved.
Fountainhall. Dalrymple.
*** This case is No. 55. p. 5677. voce Homologation.
