Titles to Land Consolidation (Scotland) Act 1868

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

It shall not be necessary to expede and record an instrument of resignation ad remanentiam on any procuratory of resignation ad remanentiam, or on any conveyance containing an express clause of resignation ad remanentiam, but it shall be competent and sufficient for the superior in whose favour the resignation under such procuratory or conveyance is authorized to be made to record in the appropriate register of sasines such procuratory or conveyance, with a warrant of registration thereon in the form, or as nearly as may be in the form No. 1 of schedule (H.) hereto annexed, or to expede and record a notarial instrument as nearly as may be in the form of schedule (J.) hereto annexed; and such procuratory or conveyance and warrant or such notarial instrument, being so recorded, shall have the same effect as if, at the date of such recording, an instrument of resignation ad remanentiam in favour of the party on whose behalf the same is so recorded had been expede on such procuratory or conveyance, and had been recorded in the appropriate register of sasines: Provided always, that nothing herein contained shall prevent an instrument of resignation ad remanentiam being expede and recorded on a conveyance granted prior to the first day of October one thousand eight hundred and fifty-eight, and containing a clause of resignation in the form authorized by the Act of the tenth and eleventh Victoria, chapter forty-eight; and that all instruments of resignation ad remanentiam may be in or as nearly as may be in the form of schedule (K.) hereto annexed; and when in such form, whether expede before or after the commencement of this Act, the same may, with warrant of registration thereon, be recorded in the appropriate register of sasines at any time during the life of the party in whose favour the resignation is made, and the date of presentment and entry set forth on any instrument of resignation in such form by the keeper of the register shall be the date of the resignation and of the instrument.