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a procurator or mandatary, who may appear before the judge,and authorise a decree to go out in terms of the deed; theconsequence of which is, that whatever obligation is contain-ed in the deed, may be enforced by the whole diligence ofthe law; that is, all execution against the person or estate ofthe party may proceed under the sentence which the judgeis thus authorised to pronounce, for enforcing the obligation.Where there is no obligation to be enforced, the deed maylikewise be recorded, for preservation simply.
In place of the decree which formerly was pronounced, thematter has now become extremely simple ; but not the less ef-fectual. The deed, with the clause of registration, is givenin to the clerk of court, who engrosses it in a bodk, and atthe same time he makes a copy of it, to be returned to theparty, which contains a warrant, in name of the judge, au-thorising the same procedure to take place, for enforcing theobligations of the deed, that would follow, if a decree werepronounced by the same judge, in a cause brought beforehim for carrying the deed into effect. The principal deedis, at the same time, carefully preserved in the records ofthe court. The extract given out, and signed by the clerkof court, answers every purpose, excepting where the prin-cipal deed is brought under reduction on the ground offorgery; in which case, it is procured from the record of-fice, and produced in the court of session, where such trialsproceed. The expcnce of this act of registration, and ofthe extract given out, is very trifling ; and thus, by. thesimple expedient of registration, all the effect of the de-cree of a court is given. It is what in England is termed aco?ifession of judgment ; and the conditions of a deed, so re-corded, for instance the stipulations of a lease, may be enforcedwithout the necessity of an action. This cheap and rapidmeans of enforcing an obligation, the legislature has extend-ed to bills and promissory-notes.
These devices seem to have been originally introduced in thechurch courts, and have fortunately been adopted in the civil