IIIPenalties on Officers disobeying.
And be it further enacted, That, if after the Date aforesaid, any of the Clerks of Royal Burghs, or Burghs of Regality or Barony, or any of the Clerks of the Commissary Courts within Scotland, shall receive any of the above-mentioned Deeds or Writings, fir the Purposes of recording the same in their respective Backs or Registers, or shall transcribe the same into their Books, or shall give forth Copies thereof, bearing to be Extracts from their respective Books or Registers, excepting as above excepted, the aforesaid Books, Copies, and Extracts, shall not make Faith or be of any Avail or Authority whatever ; and the aforesaid Clerks or others so offending shall be liable in a Penalty of Five Pounds for each Offence, which may be fued for and shall be recoverable to his own Use, together with the Expences of Process, by the Sheriff Clerk or. Stewart Clerk of the Shire or Stewartry within which such Offence shall have been committed, on a summary Complaint to the Sheriff Depute or Stewart Depute of such Shire or Stewartry; and in Default of such Prosecution at the Instance of the Sheriff Clerk or Stewart Clerk, within Twelve Months from the Date of the Commission of such Offence, then such Penalty shall and may be fued for and recovered, together with the Expences of Process, by the Lord Clerk Register on a summary Complaint presented within Three Years after the Date of such Offence, to the Lords of Council and Session, such Penalty in the latter Cafe being folely applicable by the Lord Clerk Register, to the Purposes of the Establishment of His Majesty's General Register House.