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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Petition - Pitt Dundas (Registrar-General) [1875] ScotLR 13_35_1 (2 November 1875) URL: http://www.bailii.org/scot/cases/ScotCS/1875/13SLR0035_1.html Cite as: [1875] SLR 13_35_1, [1875] ScotLR 13_35_1 |
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Page: 35↓
Procedure followed in supplying of new the loss of Registers, of which some existed in duplicate, others not.
This was a petition at the instance of the Registrar-General for Scotland arising out of the accidental loss by fire of certain Registers of Births, Deaths, and Marriages, in the custody of the Rev. Charles Bruce, Registrar of the district of Glenrinnes, Banffshire. Thirty-six registers were destroyed, but the duplicates of twenty-four of these being in the hands of the petitioner, the petition prayed that their loss might be authorised to be made good in terms of the 55th section of 17 and 18 Vict. cap. 80. In the case of the remaining twelve—six relating to the births, deaths, and marriages of 1874, and six to those of 1875—both duplicates were in the Registrar's hands at the date of the fire, and both were destroyed.
The petition prayed their Lordships, “on being satisfied of the accuracy of the statements made in this petition in regard to the destruction of the
Page: 36↓
said twenty-four registers, and the said register of corrected entries, to authorise new duplicates of them to be made at the sight of the petitioner, and to direct that each of the said new duplicate registers 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 with regard to the remaining twelve registers, to remit to a proper and qualified person to make inquiry and report as above set forth, and, if satisfied with such report, your Lordships to authorise new register books to be supplied by the petitioner to the said Charles Bruce, or the registrar for the time being, who shall engross therein, in the ordinary way, the particulars of all the entries referred to such report; 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.”
The Court ordered intimation upon the walls and in the minute book, and a minute was put in by the petitioner stating that it was proposed that the party to whom the Court should remit to investigate should (1) Ascertain the actual number of events that were recorded, by communicating in person with the registrar, session-clerk, medical practitioners, sexton, and such other parties as may be found likely to possess information. (2) Extract from suitable informants and documents, and insert in appropriate schedules, if possible, all the particulars required to be registered; and (3) Report the result, setting forth the sources of information in each case, and transmitting such schedules to the Court.
The following interlocutor was pronounced:—
“Nominate and appoint Mr George Smythe Dundas, advocate, to inquire and report in terms of the prayer of the petition, with power to him to take and report the evidence of witnesses upon oath; grant commission to Mr Dundas accordingly; and grant diligence against witnesses and havers at the petitioner's instance.”
Counsel— J. P. B. Robertson. Crown Agent— James Auldjo Jamieson, W.S.
