Infeftment Act 1845

SCHEDULES referred to in the foregoing Act

SCHEDULE (A.) U.K. Form of Precept of Sasine

Moreover I desire any notary public to whom these presents may be presented to give to the said A.B. or his foresaids sasine [or life-rent sasine, or sasine in life-rent and fee respectively, as the case may be,] of the lands and others above disponed, [if the deed be granted under the burden of a real lien or servitude, or any other incumbrance, condition, or qualification of the right, or under redemption, then there will be added here, “but always under the burden of the real lien,” &c. (as the case may be) before specified]. In witness whereof, &c. [here insert a testing clause in legal form].

SCHEDULE (B.) U.K. Form of Instrument of Sasine

At there was, by or on behalf of A.B. of Z., esquire, presented to me, notary public subscribing, a disposition [or other deed, or an extract of a deed (as the case may be)], granted by C.D. of Y., esquire, and bearing date as in the precept of sasine hereinafter inserted, [here describe also any connecting deed or writ, or extract thereof, in virtue of which the sasine is to be given to A.B.] by which disposition the said C.D. sold, alienated, and disponed to the said A.B. [or, to E.F. (as the case may be)] and his heirs and assignees, [here insert the destination, if any,] heritably and irredeemably, [or redeemably, or in life-rent, or otherwise, (as the case may be,)] all and whole [here insert the description of the subjects conveyed; and if the disposition by C.D. was not to A.B. himself, but is vested in him as assignee, heir, or adjudger, or otherwise, in whole or in part, state the successive transferences, and the way in which he has right thereto], which disposition contains an obligation to infeft [here state whether a se or de se, or both or either (as the case may be),] and a precept of sasine in the following terms [here insert the precept, which may be either according to the form at present in use, or according to the abbreviated form in schedule (A.)], in virtue of which precept I hereby give sasine, or life-rent sasine, or sasine in life-rent and fee respectively] to the said A.B. of the lands and others above described. [If the precept of sasine contains a reference to a real burden, or to any conditions or qualifications of the right, or to a power of redemption, then add, “but always under the burden of the real right, &c. before specified.”]

In witness whereof I have subscribed these presents, written on this and the preceding pages by G.H., my clerk, before these witnesses, the said G.H. and J.K., accountants in Edinburgh.

(Signed) L.M., Notary Public.

G.H., Witness.

J.K., Witness.