An infeftment within burgh of barony was sustained, upon no other warrant than a retour, without either a precept out of Chancery, or a precept of clare constat from the superior.
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A sasine of a house in the town of Hawick, granted to the pursuer by the Bailie of the burgh, it being a burgh of barony, was sustained, the same sasine containing the pursuer's retour therein insert, extracted out of the Chancellary to be warrant thereto; albeit the defender alleged it to be null, not proceeding by virtue of precept out of the Chancellary, nor yet by the superior's precept of clare constat, without one of which, he alleged the naked retour could not be a warrant to the Bailies to give sasine in this burgh of barony, which he alleged hath not that privilege, as the King's burgh royal, whose Bailies give sasine usually by hesp and staple; and the giving of this sasine cannot be warranted by the retour, for that answers not to any point of the brieve; notwithstanding whereof the sasine was sustained; but here the superior concurred with the pursuer. See Proof.
Clerk, Hay.
Fol. Dic. v. 1. p. 470. Durie, p. 463.
