Scottish Court of Session Decisions

The present petition was presented by Stair Agnew, C.B., the Registrar-General for Scotland, under the 55th section of 17 and 18 Vict. c. 80.

The petitioner stated that in most cases any entries which had been rendered illegible in the register books in the registrar's custody could be replaced from the duplicates of said registers which were in the petitioner's possession, but that both the duplicates of the register of deaths (which had been in the registrar's possession) had been totally destroyed, that the deaths registered in the parish during that year had been six in number, and that the petitioner had received complete information from the registrar as to all these deaths, so that new registers could be made up without difficulty.

The petitioner accordingly prayed the Court “to order this petition to be intimated on the walls and in the minute-book, and thereafter, on being satisfied of the accuracy of the statements made in this petition in regard to the whole or partial destruction of the said registers, to authorise the petitioner to complete such of the registers as require it by inserting therein copies of such of the entries therein as have been destroyed or rendered illegible, and to authorise new duplicates of the registers which have been totally destroyed to be made at the sight of the petitioner from the duplicates in his possession, and to direct that each of the said new duplicate registers, and each of the copies of entries so inserted in the registers which have been partially destroyed be authenticated by the signature of the petitioner; and to declare that when so authenticated they shall thereupon become in all respects of the same force and validity as the originals, and to authorise new register books to be supplied by the petitioner to the said William Sprunt, or the registrar for the time being, who shall engross therein in the ordinary way the particulars of all the entries which were contained in the said duplicates pertaining to the years 1889 and 1890, and to direct that each of the said new registers be thereafter authenticated by the signature of the petitioner, and to declare that when so authenticated they shall have the same force and validity as the originals.”

Section 55 of the Act 17 and 18 Vict. c. 80,

Page: 165↓

provides—“If any duplicate register in the custody of the registrar shall be lost, destroyed, or mutilated, or shall have become illegible in whole or in part, such part shall be forthwith communicated by the registrar to the Registrar-General, who shall require the registrar immediately to transmit to him the duplicate register which shall have been mutilated or become illegible, and the Registrar-General shall thereupon present a petition to one of the Divisions of the Court of Session setting forth the fact of the loss, destruction, mutilation, or total or partial illegibility, as the case may be, of such duplicate register, and the date of the discovery of such loss, destruction, mutilation, or total or partial illegibility of such duplicate, and the Court, on being satisfied regarding the same, and after such intimation as they may think proper, shall direct such register to be corrected or completed or a new duplicate to be made at the sight of the Registrar-General, and such corrected or completed duplicate or new duplicate, authenticated by the signature of the Registrar-General, shall thereupon become in all respects of the same force and validity as the original duplicate.”

Reference was made for the petitioner to the case of Dundas, Petitioner, December 17, 1875, 3 R. 273.

After intimation had been made upon the walls and in the minute-book in common form, the Court, before further answer, appointed the petitioner to report all the information he possessed regarding the deaths which had occurred in the parish of Forteviot mentioned in the petition during the year 1890, and prior to the occurrence of the fire on 21st September 1890.

The petitioner, in pursuance of that interlocutor, reported as follows—“(1) Immediately after the fire your petitioner directed the registrar of Forteviot to obtain and enter in the appropriate forms of schedules the particulars of every death which had been registered by him in the duplicate books for the year 1890 which had been destroyed, and also to apply to the medical practitioners who had certified the cause of death in each case for a new certificate. (2) In compliance with the petitioner's directions the registrar of Forteviot accordingly communicated with the persons who had acted as informants of the several deaths in question at the time of the original registration, and from their statements filled into appropriate schedules the particulars required to be registered, which schedules were thereafter signed by the said informants. The schedules are herewith produced. The registrar also communicated with the medical men who had granted certificates of the cause of death in the several cases in question, and obtained new certificates in each of the said cases, which certificates are herewith produced.”

The petitioner also appended to his report a draft of the entries of the several deaths in question in the form, in which it was proposed that they should be entered in a new register.

The Court thereafter, by interlocutor of 4th December, granted the prayer of the petition.