Titles to Land Consolidation (Scotland) Act 1868

[F1 24 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 [F2 person under legal disability by reason of nonage], or [F3 person 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 F4 ... 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 [F2 person under legal disability by reason of nonage], or [F3 person suffering from mental disorder within the meaning of the M1 Mental 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 [F2 person under legal disability by reason of nonage], or [F3 person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960] or of the judicial factor appointed to such [F2 person under legal disability by reason of nonage], or [F3 person suffering from mental disorder within the meaning of the M2 Mental 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 F4 ... and such warrant may F5 ... be recorded in the appropriate register of sasines as a conveyance in favour of such judicial factor, or [F2 person under legal disability by reason of nonage], or [F3 person suffering from [F6 mental 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 [F2 person under legal disability by reason of nonage], or [F3 person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960] or the judicial factor appointed to such [F2 person under legal disability by reason of nonage], or [F3 person 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 [F7 the M3 Trusts (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

F1 S. 24 substituted by Titles to Land Consolidation (Scotland) Amendment Act 1869 (c. 116), s. 3

F2 Words in s. 24 substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 19 (with s. 1(3))

F3 Words substituted by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4

F4 Words repealed by Statute Law Revision Act 1893 (c. 14)

F5 Words in s. 24 repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 8(8), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F6 Words 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

F7 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Modifications etc. (not altering text)

C1 S. 24 amended by Conveyancing (Scotland) Act 1924 (c. 27), s. 5(3)(b); applied ibid., s. 24(6)

Marginal Citations

M1 1960 c. 61.

M2 1960 c. 61.

M3 1921 c. 58.