SCOTTISH COMPANIES
300
of two witnesses in the following terms, which must be
actually written by the Justice of the Peace or Notary Public
himself:
By authority of the above-named and designed ,
who declares that he cannot write on account of
y A, Notary Public (or, Justice
of the Peace for the County of ) subscribe
these presents for him, he having authorised me for
that purpose and the same having been previously read
over to him all in presence of the witnesses hereto
subscribing who subscribe this docquet in testimony of
their having heard and seen authority given to me as
aforesaid and heard these presents read over to the said
[Sioned
Notary Public
(or, Justice of the Peace).
(Two witnesses, who should add their designations).
Although the use of the common form of transfer (see Testing
Form 16) is now practically universal in Scotland, it may Clause.
prove interesting to secretaries to give the following clause
(called the testing clause), whereby certain special forms of
transfer require to be authenticated, if executed in Scotland:
In witness whereof, these presents [consisting of this and
the preceding pages written by on
pages duly stamped] are subscribed by the said 4.B.
(the party) at the day of
One thousand nine hundred and year, in
presence of these witnesses, C.D. and E.F. (designing
them).
4.B.
Signed)
C.D., witness
EF. witness
Powers of attorney and other Scottish legal documents Registration
may be registered in the Books of Council and Session in of
Edinburgh, where the originals are preserved. The produc- Documents.
tion of an ‘Extract Registered’ copy from the books men-
tioned of a power of attorney, a deed of assumption, or a
minute of resignation, or other legal instrument, is equivales’
to the exhibition of the deed itself.
The Scots law as to debentures requires special atten- Dabentures.
tion in view of the great differences which exist between the
laws of England and Scotland in this respect.