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A sasine of a house in the town of Hawick, found a good active title in a process, though granted only by the Bailie of the burgh, notwithstanding it is only a burgh of barony, and that it is the peculiar privilege (as was pleaded) of royal burghs, holding burgage, to have sasine granted by their Bailies; but here it is observed, that the superior concurred with the pursuer; but if he had granted a precept of clare constat, it would have been a more unexceptionable evidence.
