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Titles to Land Consolidation (Scotland) Act 1868

Changes over time for: Titles to Land Consolidation (Scotland) Act 1868 (without Schedules)

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1 Short title.U.K.

This Act may be cited for all purposes as “The Titles to Land Consolidation (Scotland) Act 1868.”

2 Commencement of Act.U.K.

This Act shall take effect from and after the thirty-first day of December one thousand eight hundred and sixty-eight, unless in so far as it is herein appointed to take effect at an earlier date.

3 Interpretation of terms.U.K.

The following words and expressions in this Act, and in the schedules annexed to this Act, shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say,

  • [F1The words “grantor”,] “grantee,” “disponer,” “disponee,” “legatee,” “adjudger,” and “purchaser” shall extend to and include the heirs, successors, and representatives of [F1such grantor], grantee, disponer, disponee, legatee, adjudger, or purchaser respectively; and the word “successors” shall extend to and include heirs, disponees, assignees legal as well as voluntary, executors, and representatives:

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • The words “Sheriff of Chancery” shall extend to and include the Sheriff of Chancery and his substitute under this Act, or under the Act of the tenth and eleventh Victoria, chapter forty-seven; and the word “Sheriff” shall extend to and include [F3the Sheriff Principal F4... of any sheriffdom F4... and the Sheriff] and the Sheriff of Chancery and his substitute:

  • The words “Sheriff Clerk of Chancery” shall extend to and include the Sheriff Clerk of Chancery acting under this Act, or who acted under the M1Act of the tenth and eleventh Victoria, chapter forty-seven, and the depute of such Sheriff Clerk; and the words “Sheriff Clerk” shall extend to and include the Sheriff Clerk of Chancery and [F5the Sheriff Clerk F4... of the sheriff court district concerned] F4... and their respective deputes:

  • F6... the word “Prince” shall extend to and include the Prince and Steward of Scotland and his successors:

  • F6...

  • The word “deed” and the word “conveyance” shall each extend to and include all F6... writs, dispositions, F6... whether inter vivos or mortis causa, and whether absolute or in trust, F6... heritable securities, reversions, assignations, instruments, decrees of constitution relating to land to be afterwards adjudged, decrees of adjudication for debt, and of adjudication in implement, and of constitution and adjudication combined, whether for debt or implement, decrees of declarator and adjudication, decrees of sale, and decrees of general and of special service F6... and the summonses, petitions, or warrants on which any such decrees proceed, warrants to judicial factors, trustees, or beneficiaries of a lapsed trust, to make up titles to lands, and the petitions on which such warrants proceed, writs of acknowledgment, contracts of excambion, deeds of entail F6... and all deeds, decrees, and writings by which lands, or rights in lands, are constituted or completed or conveyed, or discharged, whether dated, granted, or obtained before or after the passing of this Act, and official extracts of all deeds and conveyances; and all codicils, deeds of nomination, and other writings annexed to or endorsed on deeds or conveyances or bearing reference to deeds or conveyances separately granted, and decrees of declarator naming or appointing persons to exercise or enjoy the rights or powers conferred by such deeds or conveyances, shall be deemed and taken for the purposes of this Act to be parts of the deeds or conveyances to which they severally relate, and shall have the same effect in all respects as to the persons so named and appointed as if they had been named and appointed in the deeds or conveyances themselves:

  • F6...

  • The word “instrument” shall extend to and include all notarial instruments F6... and also all instruments of sasine, instruments of resignation ad remanentiam, instruments of resignation and sasine, and instruments of cognition and sasine, and instruments of cognition:

  • The words “heritable security” and “security” shall each extend to and include all heritable bonds, bonds and dispositions in security, bonds of annual rent, bonds of annuity, and all securities authorized to be granted by the seventh section of the M2Debts Securities (Scotland) Act 1856, and all deeds and conveyances whatsoever, legal as well as voluntary, which are or may be used for the purpose of constituting or completing or transmitting a security over lands or over the rents and profits thereof, as well as such lands themselves and the rents and profits thereof, and the sums, principal, interest, and penalties secured by such securities, but shall not include securities by way of ground annual, whether redeemable or irredeemable, or absolute dispositions qualified by back bonds or letters:

  • The word “creditor” shall extend to and include the party in whose favour an heritable security is granted, and his successors in right thereof:

  • The word “debtor” shall include the debtor and his successors:

  • The word “lands” shall extend to and include all heritable subjects, securities, and rights:

  • The words “notary public” shall be held to mean a notary public duly admitted to practise in Scotland:

  • The word “petitioner” shall extend to and include any person who may have presented or may present a petition within the meaning of this Act, or of any Act hereby repealed:

  • The words “judicial factor” shall extend to and include judicial factors F7... to persons under incapacity, F8 ..., factors loco absentis, and all judicial managers:

  • F6...

Textual Amendments

F7S. 3: words in definition of “judicial factor” repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

Marginal Citations

F94†Acts specified in Schedule (A.) repealed.U.K.

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Textual Amendments

Modifications etc. (not altering text)

C1Unreliable Marginal Note.

F105 In conveyances of land, etc. not held burgage, certain clauses may be inserted in the short forms given in Schedule (B.) No. 1.U.K.

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Textual Amendments

F116 Import of clause expressing manner of holding.U.K.

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Textual Amendments

F127 In conveyances of burgage property certain clauses may be inserted in the forms given in Schedule (B.) No. 2.U.K.

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Textual Amendments

8 Import of clauses in schedule (B.) Nos. 1 & 2.U.K.

F13... the clause of assignation of writs and evidents in [F14form No. 1] of schedule (B.) hereto annexed shall, unless specially qualified, be held to import an absolute and unconditional assignation to such writs and evidents F15... therein contained, and to all unrecorded conveyances to which the disponer has right; and the clause of assignation of [F14rents] shall, unless specially qualified, be held to import an assignation to the rents to become due for the possession following the term of entry, according to the legal and not the conventional terms, unless in the case of forehand rents, in which case it shall be held to import an assignation to the rents payable at the conventional terms subsequent to the date of entry; and the clause of [F14warrandice] shall, unless specially qualified, be held to imply absolute warrandice as regards the lands and writs and evidents, and warrandice from fact and deed as regards the rents; and the clause of obligation to free and relieve from [F14public burdens] shall, unless specially qualified, be held to import an obligation to relieve of all [F14public] and local burdens due from or on account of the lands conveyed prior to the date of entry F15... and the clause of consent to registration [F14shall, unless specially qualified, have the meaning and effect assigned] in the one hundred and thirty-eighth section of this Act.

Textual Amendments

F169 Conditions of entail may, in conveyances of entailed lands, be inserted by reference merely.U.K.

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Textual Amendments

F1710 Real burdens may be referred to as already in the register of sasines. U.K.

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Textual Amendments

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18U.K.

Textual Amendments

12 Clause directing part of conveyance to be recorded.U.K.

Immediately before the testing clause of any conveyance of lands, it shall be competent to insert a clause of direction, in or as nearly as may be in the form No. 1 of schedule (F.) hereto annexed, specifying the part or parts of the conveyance which the grantor thereof desires to be recorded in the register of sasines; and when such clause is so inserted in any conveyance, whether dated before or after the commencement of this Act, and F19... is presented to the keeper of the appropriate register of sasines for registration, [F20the keeper may] record such part or parts only, together with the clause of direction and the testing clause F19...: Provided that, notwithstanding such clause of direction, it shall be competent for the person entitled to present the conveyance for registration to record the whole conveyance, F19....

Textual Amendments

13 Several lands conveyed by the same deed may be comprehended under one general name. U.K.

Where several lands are comprehended in one conveyance in favour of the same person or persons, it shall be competent to insert a clause in the conveyance, declaring that the whole lands conveyed and therein particularly described shall be designed and known in future by one general name to be therein specified; and on the conveyance containing such clause, whether dated before or after the commencement of this Act, or on an instrument following thereon, whether dated before or after the commencement of this Act, and containing such particular description and clause, being duly recorded in the appropriate register of sasines, it shall be competent in all subsequent conveyances and deeds and discharges, of or relating to such several lands, to use the general name specified in such clause as the name of the several lands declared by such clause to be comprehended under it; and such subsequent conveyances and deeds and discharges of or relating to such several lands under the general name so specified shall be as effectual in all respects as if the same contained a particular description of each of such several lands, exactly as the same is set forth in such recorded conveyance or instrument: Provided always, that reference be made in such subsequent conveyances and deeds and discharges to a prior conveyance or instrument recorded as aforesaid, in which such particular description and clause are contained: Provided also, that it shall not be necessary in such clause to comprehend under one general name the whole lands contained in the conveyance in which such clause is inserted, but that it shall be competent to comprehend certain lands under one general name and certain other lands under another general name, it being clearly specified what lands are comprehended under each general name; and such reference shall be in or as nearly as may be in the terms set forth in schedule (G.) hereunto annexed.

Modifications etc. (not altering text)

F2114 Certain clauses in entails no longer necessary.U.K.

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Textual Amendments

F2215 Instrument of sasine no longer necessary, but conveyance may be recorded instead.U.K.

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Textual Amendments

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23U.K.

Textual Amendments

F23Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14); and s. 16 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F2417 Not necessary to record the whole conveyance or discharge.U.K.

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Textual Amendments

F2518 Instrument of resignation ad remanentiam unnecessary, but in place thereof conveyance in favour of superior may be recorded.U.K.

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Textual Amendments

F2619 Notarial instruments in favour of general disponees.U.K.

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Textual Amendments

20 De praesenti words, or words of style, unnecessary in mortis causa deeds.U.K.

From and after the commencement of this Act it shall be competent to any owner of lands to settle the succession to the same in the event of his death, not only by conveyances de praesenti, according to the existing law and practice, but likewise by testamentary or mortis causa deeds or writings, and no testamentary or mortis causa deed or writing purporting to convey or bequeath lands which shall have been granted by any person alive at the commencement of this Act, or which shall be granted by any person after the commencement of this Act, shall be held to be invalid as a settlement of the lands to which such deed or writing applies on the ground that the grantor has not used with reference to such lands the word “dispone,” or other word or words importing a conveyance de praesenti; and where such deed or writing shall not be expressed in the terms required by the existing law or practice for the conveyance of lands, but shall contain with reference to such lands any word or words which would, if used in a will or testament with reference to moveables, be sufficient to confer upon the executor of the grantor, or upon the grantee or legatee of such moveables, a right to claim and receive the same, such deed or writing, if duly executed in the manner required or permitted in the case of any testamentary writing by the law of Scotland, shall be deemed and taken to be [F27valid as a settlement on a grantee or legatee of the lands to which it applies; and the executor of the grantor may complete title to such lands by expeding and recording a notarial instrument as aforesaid]: Provided always, that nothing herein contained shall be held to confer any right to such lands on the successors of any such grantee or legatee who shall predecease the grantor, unless the deed or writing shall be so expressed as to give them such right in the event of the predecease of such grantee or legatee.

Textual Amendments

21 Trustee or executor to apply lands for purposes of trust or will.U.K.

Where such testamentary or mortis causa deed or writing shall be conceived in favour of a grantee as trustee or executor of the grantor, and shall not be expressed to be wholly in favour of such trustee or executor for his own benefit, such trustee or executor shall apply such whole lands for the purposes specified in such deed or writing; and where such purposes cannot, in whole or in part, be carried into effect, or where no purposes with reference to such lands have been or shall be specified in such deed or writing, such trustee or executor shall convey such lands, or so much thereof, or shall apply so much of the proceeds thereof, if such lands shall have been sold and realized by him, as may not be required for the purposes of such deed or writing, to or for behoof of the person or the successors of the person who, but for the passing of this Act and the granting of such deed or writing, would have been entitled to succeed to such lands on the death of such grantor.

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28U.K.

Textual Amendments

F2923 Notarial instruments in favour of parties acquiring rights to unrecorded conveyances.U.K.

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Textual Amendments

[F3024 Mode of completing title by a judicial factor on a trust estate, &c. U.K.

Where in a petition to the Court of Session for the appointment of a judicial factor authority has been or shall be asked for the completion of a title by such factor to any lands forming the whole or part of the estate to be managed by such judicial factor, or where a judicial factor has applied or shall apply, by petition or note to the said Court, for authority to complete a title to such lands, either in his own person as judicial factor, or in the person of any [F31person under legal disability by reason of nonage], or [F32person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960] to whom he may have been appointed judicial factor, and where any petition or note has specified and described or shall specify and describe the lands to which such title is to be completed, or has referred or shall refer to the description of the same, in the form, or as nearly as may be in the form F33... of schedule (G.) hereto annexed, as the case may be, the warrant granted for completing such title shall also so specify and describe the lands to which such title is to be completed, or shall so refer to the description thereof; and such warrant shall be held to be a conveyance in due and common form of the lands therein specified in favour of such judicial factor granted by the person, whether in life or deceased, whose estate is under judicial management, or where the estate is that of a [F31person under legal disability by reason of nonage], or [F32person suffering from mental disorder within the meaning of the M3Mental Health (Scotland) Act 1960] in whose person a title has not been made up, such warrant shall be held to be such a conveyance in favour of the [F31person under legal disability by reason of nonage], or [F32person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960] or of the judicial factor appointed to such [F31person under legal disability by reason of nonage], or [F32person suffering from mental disorder within the meaning of the M4Mental Health (Scotland) Act 1960] as the case may be, granted by a predecessor or author having such title, or where such judicial factor has been or shall be appointed on an estate which shall have been vested in a trustee or former judicial factor, such warrant shall be held to be such a conveyance granted by such trustee or former factor, whether in life or deceased, for the purposes of such estate or trust, or factory F33... and such warrant may F34... be recorded in the appropriate register of sasines as a conveyance in favour of such judicial factor, or [F31person under legal disability by reason of nonage], or [F32person suffering from [F35mental or other incapacity]] or of the factor on his estate, and being so recorded shall have the same force and effect as if at the date of such recording such conveyance had been granted to the judicial factor, or [F31person under legal disability by reason of nonage], or [F32person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960] or the judicial factor appointed to such [F31person under legal disability by reason of nonage], or [F32person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960] as the case may be, and recorded in the appropriate register of sasines: Provided always, that for enabling the person in whom such lands were last vested, or his representatives, or other parties interested, to bring forward competent objections against such warrant being granted, or claims upon the estate, the Court shall order such intimation and service of the petition or note as to them shall seem proper: Declaring always, that the whole enactments and provisions herein contained shall extend and apply to all petitions to and warrants by the Court of Session under [F36the M5Trusts (Scotland) Act 1921] unless in so far as such provisions and enactments may be inapplicable to the form or objects of such petitions or warrants.]

Textual Amendments

F35Words in s. 24 substituted (2.4.2001) by 2000 asp 4, s. 88(2), Sch. 5 para. 5(1); S.S.I. 2001/81, art. 2, Sch. 1

F36Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Modifications etc. (not altering text)

C3S. 24 amended by Conveyancing (Scotland) Act 1924 (c. 27), s. 5(3)(b); applied ibid., s. 24(6)

Marginal Citations

[F3725 Deduction of title by liquidatorU.K.

The liquidator in the winding up of a company shall, for the purposes of sections 3 (disposition etc. by person with unrecorded title) and 4 (completion of title) of the Conveyancing (Scotland) Act 1924 (c.27) (including those sections as applied to registered leases by section 24 of that Act), be taken to be a person having right to any land belonging to the company.]

Textual Amendments

26 Heritable property conveyed for religious or educational purposes to vest in disponees or their successors.U.K.

Wherever lands have been or may hereafter be acquired by any congregation, society, or body of men associated for religious purposes, or for the promotion of education, including the general assemblies, synods, and presbyteries of the Established Church of Scotland, and of all other Presbyterian churches in Scotland, as a chapel, meeting house, or other place of worship, or as a manse or dwelling house for the minister of such congregation or society or body of men, or offices, garden, or glebe for his use, or as a schoolhouse or schoolmaster’s house, garden, or playground, or as a college, academy, or seminary, or as a hall or rooms for meeting for the transaction of business, or as part of the property belonging to such congregation, society, or body of men, and wherever the conveyance or lease of such lands has been or may be taken in favour of the moderator, minister, kirk session, vestrymen, deacons, managers, or other office bearers or office bearer of such congregation or society or body of men, or any of them, or of trustees appointed or to be from time to time appointed, or of any party or parties named in such conveyance or lease in trust for behoof of the congregation or society or body of men, or of the individuals comprising the same, such conveyance, when recorded F38... in terms of this Act, or such lease, shall not only vest the party or parties named therein in the lands, thereby F38... conveyed, or leased, but shall also, after the death or resignation or removal from office of such party or parties, or any of them, effectually vest their successors in office for the time being chosen and appointed in the manner provided or referred to in such conveyance or lease, or if no mode of appointment be therein set forth or prescribed, then in terms of the rules or regulations of such congregation or society or body of men, in such lands, subject to such and the like trusts and with and under the same powers and provisions as are contained or referred to in the conveyance or lease given and granted to the parties disponees or lessees therein, and that without any transmission or renewal of the investiture whatsoever, anything in such conveyance or lease contained to the contrary notwithstanding: And the provisions of this section shall apply also to all trusts for the maintenance, support, or endowment of ministers of religion, missionaries, or schoolmasters, or for the maintenance of the fabric of churches, chapels, meeting houses, or other places of worship, or of manses or dwelling houses or offices for ministers of the gospel, or of schoolhouses or schoolmasters houses, or other like buildings.

Textual Amendments

[F3926A Application for declarator of succession as heir in general or to specified landsU.K.

On an application being made by any person having an interest, the Sheriff of Chancery may, if satisfied that—

(a)such deceased person as may be specified in the application died before 10th September 1964 and that person either—

(i)was domiciled in Scotland at the date of his death; or

(ii)was the owner of lands situated in Scotland to which the application relates; and

(b)the applicant, or as the case may be such person as may be specified in the application, has succeeded as heir to that deceased, and is either—

(i)heir in general; or

(ii)heir to such lands as may be specified in the application,

grant declarator that the applicant, or as the case may be such person as may be specified in the declarator, is the heir in general or heir to the lands so specified.]

Textual Amendments

[F3926B Application for declarator of succession as heir to last surviving trustee under a trustU.K.

On an application being made under this section, the Sheriff of Chancery may, if satisfied that—

(a)such deceased person as may be specified in the application was the last surviving trustee named in, or assumed under, a trust;

(b)the trust provides for the heir of such last surviving trustee to be a trustee;

(c)either—

(i)the trust is governed by the law of Scotland; or

(ii)lands subject to the trust and to which the application relates are situated in Scotland; and

(d)the applicant has succeeded as heir to the deceased,

grant declarator that the applicant is the heir of the deceased and accordingly is a trustee under the trust.]

Textual Amendments

[F3926CConstruction of reference to service of heirU.K.

A reference in any enactment or deed to a decree of service of heir (however expressed) shall include a reference to a declarator granted under section 26A or 26B of this Act.]

Textual Amendments

F4027 Services to proceed by petition to the Sheriff.U.K.

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Textual Amendments

F4028 Petition to be presented to the Sheriff of the county or to the Sheriff of Chancery.U.K.

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Textual Amendments

F4029. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F4030. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F4031 Caveats to be received.U.K.

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Textual Amendments

F4032 Petition of service to be equivalent to a brieve and claim.U.K.

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Textual Amendments

F4033 Procedure before the Sheriff, and the effect of his judgment.U.K.

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Textual Amendments

F4034. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F4035 Competing petition may be presented, and Sheriff, after receiving evidence, give judgment.U.K.

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Textual Amendments

F4036 Recording and extract of judgment.U.K.

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Textual Amendments

F4037 The extract decree to be equivalent to an extract retour.U.K.

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Textual Amendments

F4038 Transmission of records.U.K.

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Textual Amendments

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41U.K.

Textual Amendments

F4040 No person entitled to oppose a service who could not appear against a brieve of inquest.U.K.

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Textual Amendments

F4041 Appeal for jury trial.U.K.

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Textual Amendments

F4042 Where Sheriff refuses to serve petitioner, &c., judgment may be reviewed.U.K.

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Textual Amendments

F4043 Procedure when a decree of service is brought under reduction.U.K.

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Textual Amendments

F4044 Forms and effect of procedure in the Court of Session.U.K.

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Textual Amendments

F4045 The Court of Session Act 1868, to apply to appeals and reductions, &c. under this Act.U.K.

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Textual Amendments

F4046 A decree of special service, besides operating as a retour, shall have the operation and effect of a disposition from the deceased to his heirs and assignees.U.K.

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Textual Amendments

F4047 A special service not to infer a general representation, either active or passive.U.K.

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Textual Amendments

F4048 Petitioner for special service may petition for general service.U.K.

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Textual Amendments

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42U.K.

Textual Amendments

F42Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14); and expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(1)(2), 77(2)(a)(c)(d), Sch. 12 Pt. 1 para. 8(11), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F4050 Jurisdiction of the Sheriff of Chancery.U.K.

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Textual Amendments

51 Power to the Court of Session to pass acts of sederunt.U.K.

It shall be competent to the F43... Court of Session and they are hereby authorized and required from time to time to pass such acts of sederunt as shall be necessary or proper for regulating in all respects the proceedings under this Act before the Sheriff of Chancery F43....

Textual Amendments

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44U.K.

Textual Amendments

F44Ss. 52, 54, 55, 151, 153, repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XIV

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45U.K.

Textual Amendments

F45Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14)

54, 55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46U.K.

Textual Amendments

F46Ss. 52, 54, 55, 151, 153, repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XIV

56, 57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47U.K.

Textual Amendments

F47Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14)

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48U.K.

Textual Amendments

F48Ss. 58, 60, 61, 84–86, 101–103, 125, 128, 160, Schs. (U.), (W.), (DD.), (EE.), (II.) repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3

59 Unnecessary to libel and conclude for decree of special adjudication.U.K.

“Whereas it is inconvenient in practice to libel and conclude for general adjudication of lands as the alternative only of special adjudication, in terms of an Act of the Parliament of Scotland passed in the year one thousand six hundred and seventy-two:” It shall not be necessary to libel or conclude for special adjudication, and it shall be lawful to libel and conclude and decern for general adjudication without such alternative, anything in the said last-recited Act of the Parliament of Scotland, or in any other Act or Acts of the Parliament of Scotland or of Great Britain or of the United Kingdom of Great Britain and Ireland, to the contrary notwithstanding.

60, 61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49U.K.

Textual Amendments

F49Ss. 58, 60, 61, 84–86, 101–103, 125, 128, 160, Schs. (U.), (W.), (DD.), (EE.), (II.) repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3

[F5062 Effect of a decree of adjudication or sale.U.K.

In all cases a decree of adjudication, whether for debt or in implement, or a decree of constitution and adjudication, whether for debt or in implement, if duly obtained in the form prescribed by this Act, or obtained, if prior to the commencement of this Act, in the form then in use, or a decree of declarator and adjudication, or a decree of sale, shall, except in the case where the subjects contained in the decree of adjudication, or of constitution and adjudication, or of declarator and adjudication, are heritable securities, be held equivalent to and shall have the legal operation and effect of a conveyance in ordinary form of the lands therein contained granted in favour of the adjudger or purchaser by the ancestor of such apparent heir, or by the owner or proprietor in trust or otherwise, and whether in life or deceased, of the lands adjudged, or by the seller of the lands sold, although [F51under legal disability by reason of nonage] or [F52mental or other incapacity] . . . F53 and it shall be lawful and competent to such adjudger or purchaser to complete [F54title by recording the decree as a conveyance or by using the decree as a midcouple or link of title.]]

Textual Amendments

F50S. 62 which was substituted by Conveyancing (Scotland) Act 1874 (c. 94), s. 62 is now repealed in so far as relating to any such decree as is therein mentioned obtained in relation to lands forming part of the estate of a deceased person by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3

F52Words in s. 62 substituted (2.4.2001) by 2000 asp 4, s. 88(2), Sch. 5 para. 5(2); S.S.I. 2001/81, art. 2, Sch. 1

F5563 Signatures for Crown writs abolished.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5564 Crown writs to be obtained by lodging a draft thereof and note along with the title deeds.U.K.

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Textual Amendments

F5565 Draft Crown writ to be revised.U.K.

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Textual Amendments

F5566 Rectification of mistakes in former titles.U.K.

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Textual Amendments

F5567†Intimation of proposed rectification to be made to solicitor for Commissioners of Woods and Forests.U.K.

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Textual Amendments

F5568 Presenter of signatures, &c. may refer to copy of writ when withheld. U.K.

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Textual Amendments

F5569 Amount of Crown duties to be fixed.U.K.

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Textual Amendments

F5570 Clerk’s fees.U.K.

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Textual Amendments

F5571 Copy of revised draft to be furnished to the party.U.K.

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Textual Amendments

F5572 If no objections, the revised draft to be attested, and the Crown writ prepared.U.K.

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Textual Amendments

F5573 Crown writs may be applied for at any time.U.K.

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Textual Amendments

F5574 Objections, if any, to draft Crown writ to be by a note.U.K.

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Textual Amendments

F5575 Objections, how to be disposed of.U.K.

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Textual Amendments

F5576 Procedure if objections repelled.U.K.

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Textual Amendments

F5577 Refusal to revise, how to be complained of.U.K.

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Textual Amendments

F5578 Crown writ as revised to be engrossed and delivered.U.K.

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Textual Amendments

F5579 Crown writ to be valid.U.K.

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Textual Amendments

80—82.

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14); and ss. 80-82 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(1)(2), 77(2)(a)(c)(d), Sch. 12 Pt. 1 para. 8(14), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F5583†Crown writs and Crown charters may be in the forms given in Schedule (T.).U.K.

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Textual Amendments

Prospective

84—86.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5587 Register of Crown writs to be kept.U.K.

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Textual Amendments

F5588†Crown charters or writs of novodamus, how to be obtained. U.K.

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Textual Amendments

89

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14); and s. 89 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(1)(2), 77(2)(a)(c)(d), Sch. 12 Pt. 1 para. 8(14), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F5590 Writs to be in the English language.U.K.

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Textual Amendments

F5591 Court of Session to frame regulations.U.K.

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Textual Amendments

92

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58S. 92 repealed by Statute Law Revision Act 1875 (c. 66); and s. 92 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(1)(2), 77(2)(a)(c)(d), Sch. 12 Pt. 1 para. 8(14), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F5593 Power to Prince and Steward of Scotland to appoint his own presentor of signatures, &c.U.K.

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Textual Amendments

94, 95.

F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14); and ss. 94, 95 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F5596 Substitute to be appointed to Sheriff of Chancery, &c. in event of absence or disability.U.K.

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Textual Amendments

97—99.

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14); and ss. 97-99 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F55100 All writs and charters from subject superior may refer tenendas and reddendo.U.K.

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Textual Amendments

101—103.

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61Ss. 58, 60, 61, 84-86, 101–103, 125, 128, 160, Schs. (U.), (W.), (DD.), (EE.), (II.) repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3; and ss. 101-103 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F55104 Where subject superior’s title incomplete, owner may in certain cases apply to Lord Ordinary on the Bills to ordain superior to complete his title and grant an entry under pain of forfeiture.U.K.

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Textual Amendments

F55105 Owner may in such case apply to Lord Ordinary on Bills to authorize application for an entry by the Crown or mediate over superior as in vice of the recusant superior.U.K.

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Textual Amendments

F55106 Lands to be held temporarily of the Crown or mediate superior.U.K.

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Textual Amendments

F55107 The party in right of the superiority may lodge a minute tendering relinquishment of his right, and if accepted by the petitioner the Lord Ordinary may interpone his authority.U.K.

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Textual Amendments

F55108 Over superior’s rights not to be extended or affected.U.K.

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Textual Amendments

F55109 Vassal obtaining or accepting forfeiture or relinquishment of superiority to be liable for its value, but forfeiture, &c. not to infer representation.U.K.

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Textual Amendments

F55110 Mode of relinquishing superiorities.U.K.

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Textual Amendments

F55111 Investiture by over superior.U.K.

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Textual Amendments

F55112 Applications of price of entailed superiorities.U.K.

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Textual Amendments

F55113 Providing for payment in lieu of casualties of superiority in case of lands conveyed for religious purposes.U.K.

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Textual Amendments

F55114†Writs of confirmation &c. by subject superiors to be tested.U.K.

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Textual Amendments

115

F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14); and s. 115 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F55116†Stamp duty on writs of confirmation, &c. 1857 c. 26.U.K.

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Textual Amendments

[F63117Heritable security in succession of creditor in the securityU.K.

In the succession of the creditor in a heritable security, the security shall be moveable estate; except that in relation to the legal rights of the spouse, or of the descendants, of the deceased it shall be heritable estate.]

Textual Amendments

F64118 Bonds and dispositions in security may be granted in the form No. 1. of Schedule (FF.) U.K.

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Textual Amendments

F65119 Explanation of clauses in Schedule (FF.) No. 1. U.K.

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Textual Amendments

120 Securities may be registered during lifetime of grantee, or title completed after his death.U.K.

Heritable securities F66... may be registered in the appropriate register of sasines at any time during the lifetime of the grantee, and shall in competition be preferred according to the date of the registration thereof F66....

Textual Amendments

F67121 Sale carried through in terms of this Act to be valid to the purchaser. U.K.

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Textual Amendments

F67122 Creditors selling to count and reckon for the surplus of the price and to consign the same in the bank. U.K.

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Textual Amendments

F67123 On sale, &c. lands to be disencumbered of the security. U.K.

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Textual Amendments

F67124 Securities to be transferred in the form prescribed. U.K.

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Textual Amendments

125

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68Ss. 58, 60, 61, 84–86, 101–103, 125, 128, 160, Schs. (U.), (W.), (DD.), (EE.), (II.) repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3; and s. 125 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F67126 Completion of title of executors, &c. of creditor dying intestate.U.K.

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Textual Amendments

F67127 Executor nominate or disponee mortis causa may complete title by notarial instrument.U.K.

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Textual Amendments

128

F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69Ss. 58, 60, 61, 84–86, 101–103, 125, 128, 160, Schs. (U.), (W.), (DD.), (EE.), (II.) repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3

[F70129 Adjudgers may complete their title by recording abbreviate of adjudication.U.K.

In all cases of adjudication, whether for debt or in implement, or of constitution and adjudication whether for debt or in implement, in which the adjudger has obtained a decree of adjudication or of constitution and adjudication in the manner and to the effect provided by this Act, or in cases of declarator and adjudication, where the subjects contained in any such decree are heritable securities, it shall be competent for the adjudger to complete his title to such securities by recording either the abbreviate of adjudication or an extract of such decree in the appropriate register of sasines, in either of which cases he shall be in the same position as if an assignation of such heritable securities had been granted in his favour by the ancestor or person or creditor in trust or otherwise, and whether in life or deceased, whose estate is adjudged, and as if such assignation had been duly recorded in the appropriate register of sasines at the date of so recording such abbreviate or such extract decree.]

Textual Amendments

F70S. 129 was substituted by Conveyancing (Scotland) Act 1874 (c. 94), s. 65 and repealed so far as relating to actions of constitiution and adjudication by Succession (Scotland) Act 1964 (c. 41), s. 37 Sch. 3

F71130 Unregistered security or assignation to be available to executors, &c. of grantee.U.K.

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Textual Amendments

F71131 Act not to affect liability of debtors on their lands.U.K.

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Textual Amendments

F71132 How any heritable security may be renounced or discharged. U.K.

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Textual Amendments

F71133 Heritable security how restricted. U.K.

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Textual Amendments

F71134 Act to apply to all heritable securities.U.K.

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Textual Amendments

F71135 Parties may use the present forms if they see fit.U.K.

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Textual Amendments

136

F72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72S. 136 repealed by Burgh Registers (Scotland) Act 1926 (c. 50), Sch. 2; and s. 136 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F71137 Act to apply to lands held by any description of tenure.U.K.

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Textual Amendments

138 Short clauses of consent to registration may be used in any deed. U.K.

The short clauses of consent to registration for preservation, and for preservation and execution, contained in [F73form No. 1] of schedule (B.) hereto annexed, when occurring in any deed or conveyance under this Act, or in any deed or writing or document of whatsoever nature, and whether relating to lands or not, shall unless specially qualified import a consent to registration and a procuratory of registration in the books of council and session, or other judges books competent, therein to remain for preservation; and also, if for execution, that [F74, upon the issue of an extract containing a warrant for execution, all lawful execution shall pass thereon].

Textual Amendments

Modifications etc. (not altering text)

F75139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F75S. 139 repealed (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(2), 11(2), Sch. 2 (with s. 1(3)) and expressed to be repealed (1.8.1995) by 1995 c. 7, s. 14(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

140 Additional sheets may be added to writs.U.K.

In all cases where writs or deeds of any description are by this or any other Act permitted or directed to be engrossed on any conveyance or deed, it shall be competent, when necessary, to engross such deeds or writs on a sheet or sheets of paper, or of whatever other material the conveyance itself consists, added to such conveyance, provided that the engrossing of the deed or writ shall be commenced on some part of the conveyance or deed itself on which it is permitted or directed to be engrossed; and the first of such additional sheets shall be chargeable with the stamp duty applicable to the writ or deed partly engrossed thereon F76....

Textual Amendments

F77141†All deeds, &c. recorded in register of sasines to have warrants of registration endorsed, except certain burgage deeds. U.K.

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Textual Amendments

Modifications etc. (not altering text)

C5Unreliable Marginal Note.

142 Recording of conveyances in the register of sasines authorized.U.K.

All conveyances and deeds F78... authorized to be recorded in the register of sasines, may F78... be recorded at any time in the life of the person on whose behalf the same shall be presented for registration [F79and] when presented for registration shall be forthwith shortly registered in the minute books of the said register in common form, and shall with all due despatch be fully registered in the register books, and thereafter redelivered to the parties with certificates of due registration thereon, which shall specify the date of presentation, and the book and folios in which the engrossment has been made F80... and shall be probative of such registration, and when so registered shall in competition be preferable according to the date of registration, and the date of entry in the minute book shall be held to be the date of registration: Provided, that where two or more deeds or conveyances F81... shall be received by the keeper of the register of sasines [F82on the same day], the entries thereof in the presentment book and minute book shall be of the same year, month, [F82and day], and such deeds and conveyances shall be deemed and taken to be presented and registered contemporaneously; F83...

Textual Amendments

[F84143Recording anewU.K.

Where there is an error or defect in recording a deed or conveyance in the Register of Sasines it shall be competent to record it anew.]

Textual Amendments

F85144 Recorded instruments not to be challenged on the ground of erasures.U.K.

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Textual Amendments

F85145 Not competent to challenge existing warrants of registration on certain grounds.U.K.

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Textual Amendments

F85146 Obligations appointed to be inserted in instruments of sasine shall be inserted in notarial instruments. U.K.

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Textual Amendments

F85147 Prohibition against sub-infeudation not to be affected.U.K.

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Textual Amendments

148

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

149

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87S. 149 repealed (1.8.1995) by 1995 c. 7, s. 14(2), Sch. 5

F88150 Debts affecting lands exchanged for other lands to affect such other lands in lieu thereof.U.K.

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Textual Amendments

151

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89Ss. 52, 54, 55, 151, 153, repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XIV; and s. 151 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F88152 Provision for lands in the burgh of Paisley held by booking tenure.U.K.

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Textual Amendments

153

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Ss. 52, 54, 55, 151, 153, repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XIV; and s. 153 expressed to be repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

F88154 Official acts of town clerks and keepers of registers of sasines not to be affected by their personal interests in recorded writs. U.K.

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Textual Amendments

155 Inhibitions to take effect from date of registration of notice, &c.U.K.

It shall be competent, before or after execution of any inhibition, whether by separate letters or contained in a summons before the Court of Session, to register in the general register of inhibitions a notice thereof, setting forth the names and designations of the persons by and against whom the same is raised, and the date of signeting the same, in the form or as nearly as may be in the form of schedule (PP.) hereto annexed; and where any such inhibition and the execution thereof shall be duly registered in the general register of inhibitions not later than twenty-one days from the date of the registration therein of such notice thereof, such inhibition shall take effect from the date when such notice was registered as aforesaid, but otherwise only from the date of the registration of such inhibition and the execution thereof; and no inhibition shall have any effect against any act or deed done, committed, or executed prior to the registration of such notice thereof, or of such inhibition and the execution thereof, as the case may be.

Modifications etc. (not altering text)

C9S. 155 extended (with modifications) (31.3.1996) by 1995 c. 20, ss. 98(2), 110(1), Sch. 4, paras.1(2), 2(2), 3(2); S.I. 1996/517, art. 3(2) (which amending Act was repealed (1.4.1996) by 1995 c. 40, s. 6(1), Sch. 5 (with Sch. 3, paras. 3, 16))

C10S. 155 extended (31.3.1996) by 1995 c. 20, ss. 103(1)(2), 110(1), Sch. 4, paras. 1(2), 2(2), 3(2); S.I. 1996/517, art. 3(2) (which amending Act was repealed (1.4.1996) by 1995 c. 40, s. 6(1), Sch. 5 (with Sch. 3, paras. 3, 16))

C11S. 155 extended (31.3.1996) by 1987 c. 41, s. 28A (as inserted (31.3.1996) by 1995 c. 20, s. 113(3), Sch. 5, para. 26); S.I. 1996/517, art. 3(2) (which insertion fell (1.4.1996) by reason of the repeal of the 1995 Act by 1995 c. 40, s. 6(1), Sch. 5 (with Sch. 3, paras. 3, 6))

C12S. 155 extended (1.4.1996) by 1995 c. 43, ss. 37(2), 50(2)

C13S. 155 extended (1.4.1996) by 1995 c. 43, ss. 32(2), 50(2)

C14S. 155 applied (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 258(4), 458(1); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

F91156 Short form of letters of inhibition.U.K.

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Textual Amendments

157 No inhibition to have effect against acquirenda, unless in case of heir under entail or other indefeasible title.U.K.

No inhibition to be recorded from and after the thirty-first day of December one thousand eight hundred and sixty-eight shall have any force or effect as against any lands to be acquired by the person or persons against whom such inhibition is used after the date of recording such inhibition, or of recording the previous notice thereof prescribed by this Act, as the case may be: Provided always, that where such inhibition is used against a person or persons who shall thereafter succeed to any lands which, at the date of recording the inhibition or previous notice thereof, as the case may be, were destined to such person or persons by a deed of entail, or by a similar indefeasible title, then and in that case such inhibition shall affect the said person or persons in so far as regards the lands so destined, and to which he or they shall succeed as aforesaid, but no further.

158 Inhibitions on depending summons to be recalled on petition to Lord Ordinary.U.K.

F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92S. 158 repealed (S.) (5.9.1994) by S.I. 1994/1443, art. 3(2), Sch. 4

159 Litigiosity not to begin before date of registration of notice of summons. U.K.

It shall be competent to register in the general register of inhibitions a notice of any signeted summons of reduction of any conveyance or deed of or relating to lands, and in the register of adjudications a notice of any signeted summons of adjudication or of constitution and adjudication combined for debt or in security or in implement, which notice shall set forth the names and designations of the pursuer and defender of such action and the date of signeting such summons [F93and contain a description of the lands to which the summons relates] in the form or as nearly as may be in the form of schedule (RR.) hereto annexed; and no summons of reduction, constitution, adjudication, or constitution and adjudication combined, shall have any effect in rendering litigious the lands to which such summons relates, except from and after the date of the registration of such notice.

Textual Amendments

Modifications etc. (not altering text)

160

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F94Ss. 58, 60, 61, 84–86, 101–103, 125, 128, 160, Schs. (U.), (W.), (DD.), (EE.), (II.) repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3

F95161 Judgment of Lord Ordinary on the Bills subject to review of Inner House, and judgments in certain cases to be final.U.K.

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Textual Amendments

F95162 Court of Session may fix and regulate fees.U.K.

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Textual Amendments

F95163 Old forms of conveyances may be used.U.K.

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Textual Amendments

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