PRISONS. See "BURGH ROYAL."

PROCESS. See "COURT OF SESSION."

PROOF.

Where the parties in a cause differ as to the matter at issue, the remedy is of three kinds: 1st, The cause may be sent to the Jury Court, to have the truth expiscated by the examination of witnesses and other evidence in presence of a jury, whose verdict will decide the question: 2dly, The party may refer the whole cause to the defender's oath; or, 3dly, The doubt may be resolved by the production of documents; and the only inquiry that will then remain will be, whether these documents be genuine, and such as the law reckons probative.

The method of proof by a jury trial has already been noticed, v. "Jury Court."

With regard to a proof by oath of party, the general rule is, that a pursuer may, in all cases of a civil nature, refer the libel to the defender's oath. In criminal cases, however, no one can be called on to depone, if his evidence would involve him in the guilt of a crime for which he might be imprisoned. The act 46. of Geo. III. cap. 37, " to declare the law with

"respect to witnesses refusing to answer," is as follows:

"Whereas doubts have arisen whether a witness can, "by law, refuse to answer a question relevant to the matter "in issue, the answering of which has no tendency to ac"cuse himself, or to expose him to any penalty or forfei"ture, but the answering of which may establish, or tend to "establish that he owes a debt, or is otherwise subject to a "civil suit at the instance of his Majesty, or of some other "person or persons:" Be it therefore declared and enacted, &c. That a witness cannot, by law, refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself, or to expose him to penalty or forfeiture of any nature whatsoever, by reason only, or on the sole ground that the answering of such question may establish or tend to establish that he owes a debt, or is otherwise subject to a civil suit, either at the instance of his Majesty, or of any other person or persons.

By the acts 1. of Geo. I. cap. 5, and S. of Geo. I. cap. 5, the solemn affirmation of quakers is declared to be received with the same effect as an oath.

With regard to the case of usury, the statute 1597, cap. 247, after describing in what manner the crime of usury may be committed, proceeds thus:

"And the said nullity upon the causes foresaid to be re"ceived summarily as well by way of exception and reply "as by way of action; and to be tried by the oath of party "and all other lawful probation conjoined therewith compe"tent of the law." And the statute 1600, cap. 7, after complaining that the obscurity of the preceding act prevented its being carried into full effect declares, That "it shall be "leisom to prove the said summons and contravening of the

"said acts, or any of them, anent the taking of unlawful and "exorbitant profit for sums of money, by writ or oath of "party receiver of the said unlawful profit, and by the wit"nesses inserted in the said security made for the said sums, "without receiving of the oath of the party giver of the said "unlawful profits, for eschewing of all occasion of perjury "which might be suspected to proceed thereupon."

Ersk. IV. 2. 9.-Hume, II. 325.-Tait on the Law of Evidence, p. 236.

Written documents may either be original and principal deeds, or certified extracts from authorised records. The statutory requisites of a probative deed are as follow:

The act 1540, cap. 117, besides the usual solemnity of sealing, declares,

That because men's seals may of adventure be tint, quhairthrow great hurt may be genered to them that awe the same, and that men's seals may be feigned or put to writings after their decease, in hurt and prejudice of our Sovereign Lord's lieges, that therefore no faith be given in time coming to any obligation, bond or writing under a seal, without the subscription of him that awe the same, and witnesses; or else if the party cannot write, with the subscription of a notary thereto.

The act 1555, cap. 29, "anent sealing and signing "reversions and writs thereto belonging," declares as follows:

In likewise it is statute and ordained, that all reversiones to be maid in time to cum, and all bandes and obligationes, for making, sealing, and delivering of reversions, be maid under the seale and subscription of the promittar and giver thereof: And gif the partie cannot subscrive, to subscrive

the same with his hand, led at the pen be ane notar. And gif ony instrument, or uther kinde of writing be maid for giving of reversiones, or bearand and conteinand reversion, that writing or instrument sall make na faith, bot gif it be insert with consent of the parties in judgment, in the buikes of some ordinar judge; except gif it happenis within burgh, that the time of resignation of landes in the baillies handes, the clerk of the burgh, notar to the saising giving be the said resignation, be required then instantlie of instrument in his handes of the reversion, before the samine witnesse required in the instrument of saising, and gives his instrument thereupon: Quhilk sall make faith as sufficient reversion. And als, that all discharges of reversiones in all times to cum be sealed and subscrived in manner abone written: And give the partie cannot subscrive, to subscrive the samin with his hande, at the pen led, be ane authentick notar, and sealed with his seale, as is abone written.

The act 1579, cap. 80, declares, that all deeds

Sall be subscrived and seilled be the principall parties, gif they can subscrive, utherwise be twa famous notars befoir four famous witnesses, denominat be their speciall dwelling places, or sum uther evident takens, that the witnesses may be knawen, being present at that time, utherwise the saidis writs to mak na faith.

The act 1584, cap. 4, declares,

That the act anent the sealing of writtes of importance is nocht to be understand of sik writtes, contractes, or obligations, as ar be the parties agreed upon to be registrat in the buikes of our Soveraine Lordis councell, or uther ordinar judges, seeing the parties consents to registrat the same, quhilk is ane greater solemne act, nor the sealling thereof. And that the non-sealing of the same sall be na exception against the validitie of the saidis writtes, being subscribed be the parties, and agreed on to be registrat, as said is.

Quhilkis his Majestie, and Estaites foresaidis, decernis to neede na sealles. Neither that the said act, anent the saidis writtes, to be subscribed be twa notaris, sall be extended to instrumentes of seasing, quhair-unto ane faithful notar, with ane reasonable number of honest and famous witnesses is sufficient. And this declaration to be observed as ane law, in all times cumming.

The act 1593, cap. 175, declares, that all deeds Sall make special mention, in the hinder end thereof, before the inserting of the witnesses therein, of the name, surname, and particular remaining place, diocesie, and uther denomination of the writer of the bodie of the foresaid original writtes and evidentes, utherwaies the same to make na faith in judgment, nor out-with in time cumming: And to begin upon the first daye of November nixt to cum.

The act 1672, cap. 21, declares,

That it is only allowed for noblemen and bishops to subscribe by their titles, and that all others shall subscribe their christened names, or the initial letter thereof with their sirnames, and may, if they please, adject the designations of their lands, prefixing the word of to the saidis designations: And the Lyon king at armes and his brethren are required to be carefull of informing themselves of the contraveeners hereof, and that they acquaint his Majestie's council therewith, who are hereby impowered to punish them as persons disobedient to, and contraveeners of the law.

The statute 1681, cap. 5, declares,

That only subscribing witnesses in writs to be subscribed by any partie hereafter shall be probative, and not the witnesses insert not subscribing; and that all such writs to be subscribed hereafter, wherein the writter and witnesses are not designed, shall be null, and are not supplyable by con