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George Tochers death cert was signed by his son James Tocher, Maryjane used Rigby as a surname on her marriage cert as well, on her birth cert she was a Low because James was not named as the father it was signed(X) by her Aunt Sarah Mcleman who was present at the birth. James was however named as the father on Marys Wedding cert.
Thomas Rigby came to Scotland by himself he left all his family in pitsford (or Pisford as it was formaly known) William Rigby(1792-1847) James Fraser Rigbys grandfather worked as a head gardener at Sulby Hall in Northamptonshire which was owned by George Payne(1803-1878).
I contacted Flora Marjory Fraser 20th Lady Saltoun Chief of Clan Fraser and got a very nice reply from her regarding Philorth, it seems the Frasers sold Philorth before or around the time that Thomas was employed as a gamekeeper and it belonged to a family who ran tea clippers out of Aberdeen(The Frasers however bought back Philorth and still own it today). Maybe this family knew George Payne through his connection with horses and gambling?
Whilst a gamekeeper at Dunlugas Thomas Rigby with John Munro gamekeeper to Mr James McKay, Banff, were fined for trespass on Lord Fifes lands they were fined £1 with £4.10 expenses, given 3 days to pay(they couldn't) and were imprisoned for 10 months with hard labour. This was in December 1857.

Hi All thanks for the info, when you hit a wall it can be so frustrating, James Fraser Rigby is my 3rd great Grandfather and I have been researching the Rigbys for over 30 yrs now so the brick walls are starting to become a regular thing for me now. Something that I have noticed is that depending on who writes down the info depends on how it is spelt, James fraser Rigbys marriage cert. gives his name as Regby!
James Fraser Rigby had a child Maryjane Low(1861-1932) and a paternity suit against him by Christian Low(1839) was accepted by the courts but it seems James had nothing to do with her because Maryjane was listed as staying with her Grandparents George(1804) and Ealenor(1807) Low in the 1861 and 1871 census. James married Mary Gordon(1836-1892) in Old Machar in Aberdeen 1862 and they had 8 children the first 4 were born in Aberdeen, William(1864), Maryanne(1868), Christina(1867) and Thomas(1869) the next 2 were born in Edinburgh, Louisa(1871) and John(1873) the last 2 James(1878) and Georgina(1879) were born in Rutherglen my family runs down through Williams line. I still think James left Fraserburgh with John Fraser to seek work in Edin. or he was avoiding the paternity suit whatever the reason he makes his way back to Aberdeen and settles down with Mary. An interesting point to note is the Rigbys have used Fraser as either a first name or a middle name in every generation in my tree right down to my son so James Rigby must of thought highly of his Grandparents James and Jean Fraser to continue using the Fraser name. I too cant get further back the Frasers than John Fraser and Isabella Henderson and don't have any info on either of the two. I cant get a hold of James Fraser Rigbys birth cert. but it is in the census as Ireland N.K. which I'm led to believe is not known, wheather this is not known if he was born in Ireland or not known where about in Ireland who knows. Another mystery is why his father and mother (Thomas and Anne) went over to Ireland (during the potato famine) for a few years had James then came back to Fraserburgh??? I'm still baffled by that one as I cant find any info at all about this. I do know that the Rigbys originally came from Brixworth and Pitsford in Northamptonshire and when my Rigbys were up in the 'Broch' there was another set of Rigbys living in Aberdeen (George Rigby a gunsmith) but these Rigbys are unrelated to ours. Any info gladly accepted and given out. cheers Fraser Rigby.