Scottish Court of Session Decisions

John Scrymgeour Hepburn was appointed town-clerk of Rothesay upon the 7th December 1903. On entering upon the duties of his office he discovered that the minute of a deed presented for registration in the burgh register of Sasines on the 19th March 1896, and all the minutes of deeds presented for registration between and including 1st April 1896 and 7th February 1901, and between and including 3rd March 1902 and 10th March 1902, although entered in the minute books, had not been authenticated by the signature of the town-clerk for the time being, as it was his duty to have done. The deeds so unauthenticated numbered 434.

Hepburn presented a petition in which he asked the Court “to authorise the petitioner to authenticate and subscribe the minutes entered in the minute books of the burgh register of Sasines of the royal burgh of Rothesay on the 19th day of March 1896, and between and including the 1st day of April 1896, and the 7th day of February 1901, and between and including the 3rd day of March 1902, and the 10th day of March 1902, and any other minute or minutes which may hereafter be discovered not to have been subscribed by the town—clerk for the time being, to the same effect as the said town-clerk for the time being might have done himself; and to authorise the petitioner to record this petition, and any warrant following thereon, in the said burgh register of Sasines.”