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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Petition v. Fletcher and Others [1866] ScotLR 3_99 (11 December 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/03SLR0099.html Cite as: [1866] ScotLR 3_99, [1866] SLR 3_99 |
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Page: 99↓
Form of procedure in an application for recording in the Register of Tailzies two deeds already recorded in the Books of Council and Session, and in the custody of the keepers thereof.
This was a petition enrolled before the Junior Lord Ordinary for “warrant to the Lord Clerk-Register and other Keepers of the Records to transmit to the Clerk to this application” two dispositions and deeds of entail which were recorded in the books of Council and Session; “and upon the same being produced, to interpone your authority to the said dispositions and deeds of entail and to grant warrant to the Keeper of the Register of Tailzies for recording the same agreeably to the Act of Parliament 1685, cap. 22.”
The Lord Ordinary having doubts as to the competency of his making the order craved upon the keepers of the Records, reported the matter verbally.
The petitioners founded upon the Act of Sederunt 24th December 1838, sec. 15, which provides “that when any deeds, or steps, or warrants of extracted processes, deposited with the Lord Clerk-Register, are required in processes de ending before the permanent Lords Ordinary, it shall not be necessary to apply to the Inner House for a warrant for the transmission of such documents, but the Lords Ordinary before whom the causes depend may grant such warrant.”
The Court observed that the proceeding should be under the authority of the Inner House, and directed the Lord Ordinary to frame an interlocutor proceeding upon that authority, and providing that the documents should always remain in public custody, and should be retransmitted to the Keepers of the Records as soon as they were recorded the Register of Tailzies.
The petition was accordingly amended so as to
Page: 100↓
“The Lord Ordinary having advised with the Lords of the First Division of the Court, as authorised by them, grants warrant to and authorises the Lord Clerk-Register and the Deputy. Keepers of the Records to-exhibit in Court before the Lord Ordinary on Thursday next, at o'clock, the two principal dispositions and deeds of entail mentioned and referred to in the petition, and appoints a copy of this interlocutor to be immediately served on the said Lord Clerk-Register and his deputies.
“ David Mure.”
Mr Robertson, one of the Deputy-Keepers, having, in compliance with this order, appeared in Court and exhibited the deeds, the following interlocutor was pronounced:—
“ Edinbtirgh, 13th Dec. 1866.—The Lord Ordinary, in respect Mr George B. Robertson, one of the Deputy-Keepers of the Records, has exhibited in Court the two principal dispositions and deeds of entail mentioned and referred to in the petition and interlocutor of 11th instant, interpones authority and grants warrant to the said Deputy-Keeper of the Records to deliver the said two dispositions and deeds of entail to the Keeper of the Register of Tailzies; and this being done, grants warrant to the Keeper of the Register of Tailzies for recording the same, agreeably to the Act of Parliament 1685, c. 22, and authorises the said keeper to return the said deeds to Mr Robertson, the said Deputy-Keeper of the Records, when they shall have been so recorded in the said Register of Tailzies, and decerns.
David Mure.”
Counsel for Petitioners—The Solicitor-General and Mr Shand. Agents— Tods, Murray, and Jamieson, W. S.
