Scottish Court of Session Decisions

Subject_1 REGISTRATION.

Earl of Selkirk
v.
Mr George Buchan

Date: 20 November 1738
Case No. No 55.

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A complaint, upon act 33d Parliament 1685, being given in by the Clerk Register against Mr Buchan, clerk to the commission of teinds, for neglecting to give in his records; the Lords found Mr Buchan intitled to keep his records, in virtue of an express clause contained in his commission, but prejudice to the Clerk-Register to order him to preserve them in proper places of safety, as he should see cause. Two things appeared plain, first, That the case did not fall under the statue, in respect the records of the commission had never been in use to be delivered to the Clerk-register; 2do, That supposing the Clerk-register had right to call in these records, it was in his power to grant commissions during life, such as Mr Buchan's is, though to the prejudice of his successors in office. See Appendix. See Register.

Fol. Dic. v. 2. p. 333.