Registration of Leases (Scotland) Act 1857

SCHEDULES

SCHEDULE (A) U.K. Form of Assignation of Lease

I,A.B., [designation] in consideration of the sum of now paid to me, [or otherwise, as the case may be,] assign toC.D. [designation] a lease, dated , and recorded in the Register of Sasines at , of date , granted byE.F. [designation] in my favour [or if not in assigner’s favour, name and design granted], of [shortly mention subjects] in the parish of and county of . . . F1 [but (where the lease is assigned in part only) in so far only as regards the following portion of the subjects leased; viz. (specify particularly the portion),] with entry as at (term of entry). And [where sub-lease] I assign the rents from [term]; and I grant warrandice; and I bind myself to free and relieve the saidC.D. of all rents and burdens due to the landlord or others at and prior to the term of entry in respect of said lease; and I consent to registration for preservation and execution.

Textual Amendments

F1 Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1

[Testing clause in common form.]

SCHEDULE (B) U.K. Form of Bond and Assignation in Security

I,A.B., [designation] bind myself, my heirs and executors, without the necessity of discussing them in their order, to make payment, at the term of [date and place of payment]. toC.D. [designations] or his heirs, executors, or assignees, of the sum of , being money borrowed by me from him, [oras a provision to the saidC.D.,orof the yearly annuity of during his lifetime,as the case may be,] with the interest of the said capital sum at the rate of per cent. per annum, payable by equal portions half-yearly at Whitsunday and Martinmas, beginning the first payment at . And, in security of the personal obligation before written, I assign to the saidC.D. and his foresaids, heritably but redeemably, as after mentioned, yet irredeemably in the event of a sale by virtue hereof, a lease of [shortly mention subjects leased] in the parish of and county of , which lease was granted byE.F., [designation,] of date , and recorded [insert register, with date of recording], . . . F2 ; [but (where only a portion of the subjects are assigned) in so far only as regards the following portion of the subjects leased; viz. (specify particularly the portion)]. And I assign the rents; and I assign the writs; and I grant warrandice; and I reserve power of redemption; and I oblige myself and my foresaids for the expenses of assigning and discharging this security; and, on default of payment, I grant power of sale; and I consent to registration for preservation and execution.

Textual Amendments

F2 Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1

[Testing clause.]

SCHEDULE (C) U.K. Forms of Notarial Instruments in favour of a Party not the original Grantee.

Modifications etc. (not altering text)

C1 Sch. (C.) amended by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 5

No. 1.Case of Lease

Be it known, that by lease, dated ,A.B. [designation] let toC.D. [designation] that piece of ground [or as the case may be, shortly describing the property leased] in the parish of and county of , to which leaseE.F. [designation] has made up title by service as eldest son [or as the case may be] and heir of the saidC.D. dated [insert date of service] before the [specify the[F3 court by which confirmation has been granted]], [or, as the case may be,as general disponeeorassignee of the saidC.D. in virtue of (here mention the writs or decreets instructing the right, with the dates thereof, and, if recorded the register and date of recording)*]: Wherefore this instrument is taken by the saidE.F. in the hands ofG.H. [designation of notary public], in terms of the Registration of Leases (Scotland) Act, 1857.

Textual Amendments

F3 Words repealed by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 47, Sch. 11 Pt. I

[Testing clause.]

*Note.—If the person in whose favour the instrument is taken is not the heir or disponee of the original grantee, but of one who has acquired right to the lease or assignation in security, here specify shortly the series of titles by which the predecessor acquired the right.

Be it known, that by bond and assignation in security of date ,C.D. [designation] assigned toJ.K. [designation], in security of a sum of [or as the case may be], a lease granted byA.B. [designation] of [shortly describe the subjects leased], in the parish of , and county of , which lease is dated , and recorded [register, and date of recording], to which assignation in securityE.F. [designation] has acquired right as eldest son [or as the case may be] and heir of the saidJ.K., &c. [as in Form No. 1.]

*Note.—If the person in whose favour the instrument is taken is not the heir or disponee of the original grantee, but of one who has acquired right to the lease or assignation in security, here specify shortly the series of titles by which the predecessor acquired the right.

SCHEDULE (D) U.K. Form of Translation of Assignation in Security

I,A.B., [designation,] in consideration of the sum of now paid to me [or as the case may be], assign and transfer toC.D. [designation] a bond and assignation in security for the principal sum of [or as the case may be], granted byE.F. [designation] in my favour, [or, if not in granter’s favour, name and design the party in whose favour granted,] dated and recorded [register and date of recording] of and over a lease granted byG.H. [designation] of [shortly describe subjects leased], in the parish of , and county of , which lease is dated , and is recorded in the said register of date . . . F4 , [but (where the translation is partial) only to the extent of (insert sum), and to the effect of giving pari passu preference to the saidC.D. over the said lease with me, my heirs and assigns, as regards the remainder of the said principal sum and corresponding interest], with the interest from [date].

Textual Amendments

F4 Words repealed by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 47, Sch. 11 Pt. I

[Testing Clause.]

SCHEDULE (E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

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Textual Amendments

F5 S. 7, Sch. (E.) repealed with saving by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3

SCHEDULE (F) U.K. Form of Notarial Instrument in Favour of Heir in recorded Lease or Assignation in Security, or of Trustee on Sequestrated Estate.

Modifications etc. (not altering text)

C2 Sch. (F.) amended by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 5

No. 1.Case of Lease

Be it known, that by lease datedA.B. [designation] let toC.D. [designation] that piece of ground [or as the case may be, shortly describing the property leased,] in the parish of and county of , which lease is recorded [register, and date of recording], and to whichE.F. [Designation] has made up title by service as [specify relationship], and heir of the saidC.D., dated the [insert date of service], before the [specify the[F6 court by which confirmation has been granted]] . . . F7 , [or, as the case may be,as general disponee of the saidC.D., oras heir (orgeneral disponee) ofL.M. in an assignation by the saidC.D. of date ,oras trustee confirmed on the sequestrated estate of the saidC.D., in virtue of (here mention the writs or decreets, instructing the rights, with the dates thereof, and, if recorded, the register, and date of recording.)] Whereupon this instrument is taken by the saidE.F., in the hands ofG.H. [designation of notary public], in terms of the Registration of Leases (Scotland) Act, 1857.

Textual Amendments

F6 Words substituted by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 6

F7 Words repealed by Statute Law Revision Act 1892 (c. 19)

[Testing Clause.]

No. 2.Case of Assignation in Security

Be it known, that by bond and assignation in security, of dateC.D. [designation] assigned toI.K. [designation] in security of a sum of [or as the case may be,] a lease granted byA.B. [designation] of [shortly describe the subjects leased] in the parish of and county of , dated , and recorded [register and date of recording],to which bond and assignation in securityE.F. [designation] has acquired right as [specify relationship], and heir of the saidI.K., &c. [as in FormNo. 1.]

SCHEDULE (G) U.K. Renunciation of lease

Modifications etc. (not altering text)

C3 Sch. (G.) amended by Conveyancing (Scotland) Act 1924 (c. 27), s. 24(5)

I,A.B. [designation,] renounce as from the term of in favour ofC.D. [designation] a lease granted by the saidC.D. [or as the case may be] of [shortly set forth subjects] in the parish of and county of , which lease is dated and recorded [register, and date of recording,] . . . F8 .

Textual Amendments

F8 Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1

[Testing Clause.]

SCHEDULE (H) U.K. Form of Discharge of Bond and Assignation in Security

I,A.B., [designation,] in consideration of the sum of now paid to me byC.D. [designation,] discharge a bond and assignation in security for the sum of ,granted by the saidC.D. in my favour [or as the case may be*], and which is dated and recorded in the [register, and date of recording]; and I declare to be disburdened thereof a lease granted byE.F. [designation] of [shortly mention subjects leased] in the parish of and county of ,which lease is dated and recorded [register, and date of recording].

[Testing Clause.]

*Note.—If granter not original creditor [F9 name and design original creditor]

Textual Amendments

F9 Words substituted by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 7