- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/08/1995)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 28/11/2004
Point in time view as at 01/08/1995.
There are currently no known outstanding effects for the Registration of Leases (Scotland) Act 1857.
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I, A.B., [designation] in consideration of the sum of now paid to me, [or otherwise, as the case may be,] assign to C.D. [designation] a lease, dated , and recorded in the Register of Sasines at , of date , granted by E.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 said C.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
F1Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1
[Testing clause.[F2+]]
Textual Amendments
F2Words in Sch. (A) substituted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 12 (with ss. 9(3)(5)(7), 13, 14(3))
[F2+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]
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]. to C.D. [designations] or his heirs, executors, or assignees, of the sum of , being money borrowed by me from him, [or as a provision to the said C.D ., or of 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 said C.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 by E.F., [designation,] of date , and recorded [insert register, with date of recording], . . . F3; [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
F3Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1
[Testing clause[F4+]]
Textual Amendments
F4Words in Sch. (B.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))
[F4+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]
Modifications etc. (not altering text)
C1Sch. (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[F5court 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
F5Words repealed by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 47, Sch. 11 Pt. I
[Testing clause.[F6+]]
Textual Amendments
F6Words in Sch. (C.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))
[F6+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]
*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.
I, A.B., [designation,] in consideration of the sum of now paid to me [or as the case may be], assign and transfer to C.D. [designation] a bond and assignation in security for the principal sum of [or as the case may be], granted by E.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 by G.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 . . . F7, [but (where the translation is partial) only to the extent of (insert sum), and to the effect of giving pari passu preference to the said C.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
F7Words repealed by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 47, Sch. 11 Pt. I
[Testing Clause.[F8+]]
Textual Amendments
F8Words in Sch. (D.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))
[F8+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Modifications etc. (not altering text)
C2Sch. (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[F10court by which confirmation has been granted]] . . . F11, [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
F10Words substituted by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 6
F11Words repealed by Statute Law Revision Act 1892 (c. 19)
[Testing Clause.[F12+]]
Textual Amendments
F12Words in Sch. (F.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))
[F12+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]
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.]
Modifications etc. (not altering text)
C3Sch. (G.) amended by Conveyancing (Scotland) Act 1924 (c. 27), s. 24(5)
I, A.B. [designation,] renounce as from the term of in favour of C.D. [designation] a lease granted by the said C.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,] . . . F13.
Textual Amendments
F13Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1
[Testing Clause. [F14+]]
Textual Amendments
F14Words in Sch. (G.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))
[F14+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]
I, A.B., [designation,] in consideration of the sum of now paid to me by C.D. [designation,] discharge a bond and assignation in security for the sum of ,granted by the said C.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 by E.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.[F15+]]
Textual Amendments
F15Words in Sch. (H.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))
[F15+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]
* Note.—If granter not original creditor [F16name and design original creditor]
Textual Amendments
F16Words substituted by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 7
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