Scottish Court of Session Decisions

Subject_1 JURISDICTION.

Earl of Breadalbane's Petition

1745, Feb. 21, 24.
Case No. No. 33.

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The Earl by petition represented that the patent of his honours of 16 (13) August 1681 though passed the Great Seal yet never was recorded in the records of Chancery, but a part of the record left blank where it should have been inserted, which he discovered on applying for an extract for which he had some use, and therefore praying for warrant and order to the Director to fill it up. Some of us doubted because that was the Chancellor's record, and by the same rule if charters of land under the Great Seal should not be found recorded the like application might be made; but a precedent being quoted from the appendix to Sir William Cockburn's answers to Sir Alexander Cockburn of Langto's petition concerning the Usher's office then depending before us, viz. a. like application in this Court by Sir William Ballenden, as pro-nevoy and heir to Sir John Ballenden of Achinounshill to record a charter by Queen Mary in 1565 of the office of Keeper of the Exchequer-door, and which was granted 26th November 1635, and though directed to the Clerk Register, and mentioned only the registers in general, yet appears to have been filled up in the same way in the record of charters, lib. 32. No. 671, but I suppose only in the end of the book, for they do not appear. (I mean the charters) to have been inserted in the order of their dates; therefore we ordered this charter with our deliverance on this petition to be inserted in that blank.