Land Registers (Scotland) Act 1868

12 Registration in general register of sasines equivalent in certain cases to registration in the books of council and session. U.K.

[F1 A writ competent to be registered in the general register of sasines need not be presented to be registered in the books of council and session for the purpose of- (a) preservation; or (b) preservation and execution. If an application for registration of such a writ in the general register of sasines specifies that registration is for either of those purposes, then on registration in that register the writ shall be held to be registered also in the books of council and session for the purpose in question; and the writ registered] shall not be redelivered to the ingiver, but an extract only (containing as part of said extract, where the writ is registered for execution, a warrant for execution,) shall be delivered, which extract may be issued without abiding the actual booking in the register of sasines F2 ... and shall be signed on each page by the keeper of the register of sasines, or a deputy duly commissioned by him to that effect; and all writs so presented to be registered for preservation and execution shall, after having been engrossed in the general register of sasines in terms of law, be periodically transmitted by the keeper of the register of sasines to the Lord Clerk Register or his deputies, through the office of the keeper of the register of deeds and probative writs and protests in the books of council and session, or otherwise, as the Lord Clerk Register shall prescribe, and shall be indexed, either separately, or along with other writs registered in the books of council and session, as the Lord Clerk Register may direct; and such registration in the general register of sasines shall have all the legal effects of registration in the books of council and session for preservation, or for preservation and execution, as the case may be, as well as of registration in the general register of sasines: Provided always, that no writ shall be held to be registered for the purpose of execution which does not contain a procuratory for registration, or clause of consent to registration, for the purpose of execution, in the body of the writ; and extracts as aforesaid, one or more, of all writs so registered in the said register of sasines may be issued at any time by the keeper of the register of sasines, or, after transmission as aforesaid, by the deputy keeper of the records, or by any one having their authority respectively; and all such extracts, and the warrants of execution therein contained, shall have all the like force and effect as any extract from the books of council and session, or as any warrant of execution contained in or appended to such extract, or as any extract from the general register of sasines, according to the existing law and practice; and such extracts, in terms of this Act, shall be equivalent to the registered writs themselves, except where any writ so registered shall be offered to be improven; and all extracts issued in terms of this Act shall have upon them, in such form as may from time to time be prescribed by the Lord Clerk Register, a certificate or marking indicating the cumulo amount of stamp duty paid on the principal writ recorded and retained for preservation.

Textual Amendments

F1 Words in s. 12 substituted (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 7(5)(a) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F2 Words in s. 12 repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 7(5)(b), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Modifications etc. (not altering text)

C1 S. 12 amended by Conveyancing (Scotland) Act 1924 (c. 27), s. 10(7)