Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent The Registration of Seasines v.
Date: 25 February 1671
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James Stewart alleging that though by act of Parliament 1617, seasines must be registrate within sixty days after they are given, yet the intention of it was no other but that it might be registrate thereafter, and that such a seasine would stand good against any other right posterior to the date of its registration, though the sixty days were not precisely kept. Sir G. Lockhart represented the vanity of this, seeing the lawgiver by prefixing that space of sixty days, hath had an eye and special regard to the convenience of the lieges, that they might not be put to an irrational and uncertain inquiry after incumbrances upon men's lands, anent which they intend a bargain; so that when I have suspicion of any infeftment given about such a time, I have no more to do but to look by the space of sixty days after its date, and if I find it not within that time, then the law makes me secure in so far as I need to take no notice of it. Whence ariseth another question, whether a seasine though not registrate, will be valid to debar me who acquire a posterior right in these lands, if I know of your right before I purchased my own ? It seems that it should be good enough against me, seeing the law has got its intent, I knowing of it, for it designs no other thing by appointing registration, but that it become public and come to men's notice; yet this private knowledge puts no man in mala fide to take a right to these lands; for though I know ye have a seasine, so it is as true I know it yet to be null and imperfect till it be registrate: just like an assignation to a debt, I know ye have one, but it is not intimate, that will never hinder me, nor put me in mala fide to take an assignation to the same debt; and if my assignation be first intimate, I will be preferred to you; item, though the debtor know his bond is assigned, yet he may pay to the cedent without respect to the assignation, at any time before it be legally intimate: Dury 15 June, 1624, Adamsone, yet see ult. Martii 1624, L. Dunypace and Sands: for id tantum scimus quod de jure scimus.
