A notary having filled up names in a past bill of suspension, which were not in it when presented, was deprived of his office.
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There being a contention in the town of Rutherglen, about the election of their Magistrates at Michaelmas 1746, one of the parties obtained a sist on a bill of suspension of the rights to vote of certain coaliers, burgesses of the town, and intimated it at the time of the election; but Robert Hall, notary-public, had added in the bill the names of three more coaliers not contained therein, when the sist was granted.
This occasioned a complaint, to which he pleaded youth, and ignorance of the offence; and produced very ample certificates of his character from the Judges and practisers in the courts at Glasgow, where he acted as a procurator, and other persons of credit there.
The Lords, on the 15th, found the filling up the names of three persons more than were contained in the bill, to have been a practice illegal and unwarrantable, and highly dangerous to the public, and deprived him of his office of notary, and found him liable in the expenses of the complaint, and fined him in forty shillings Sterling to the use of the poor. And this day refused a petition, and adhered.
Fol. Dic. v. 3. p. 177. D. Falconer, v. 1. No 155. p. 197.
*** Lord Kilkerran, p. 159, referring to this case, uses the following words: “The adding the names of more suspenders to a bill of suspension, after it had passed the Ordinary's hand, found illegal, and punished.”
