Titles to Land Consolidation (Scotland) Act 1868

19 Notarial Instruments in favour of general Disponees.

Where a Person shall have granted or shall grant a general Disposition of his Lands, whether by Conveyance mortis causa or inter vivos, or by a Testamentary Deed or Writing-within the" Sense and Meaning of the Twentieth and Twenty-first Sections of this Act, and whether such general Disposition shall extend to the whole Lands belonging to the Grantor, or be limited to particular Lands belonging to him, with or without full Description of such Lands, and whether such General Disposition shall contain or shall not contain a Procuratory or Clause of Resignation, or a Precept of Sasine, or an Obligation to infeft, or a Clause expressing the Marnier of holding, it shall be competent to the Grantee under such general Disposition to expede and record in the appropriate Register of Sasines a Notarial Instrument in or as nearly as may be in the Form of Schedule (L.) hereto annexed; and on such Notarial Instrument or any similar Notarial Instrument expede in virtue of any Act of Parliament hereby repealed being so recorded, such Grantee shall be in all respects in the same Position as if a Conveyance of the Lands contained in such Notarial Instrument had been executed in Ms Favour by the Grantor of the general Disposition, to be holden, in the Case of Lands not held by Burgage Tenure, by such Manner of holding, if any, as is expressed in the general Disposition, and if no particular Manner of holding is therein expressed, then to be holden in the Manner and to the Effect, and subject to the Provisions enacted and provided in the Sixth Section of this Act in the Case of Conveyances in which no Manner of holding is expressed, and in the Case of Lands held by Burgage Tenure to be holden of Her Majesty in Free Burgage, and as if such Conveyance had been followed, where such Lands are not held by Burgage Tenure, by an Instrument of Sasine of the said Lands in favour of such Grantee, or, where they are held by Burgage Tenure, by an Instrument of Resignation and Sasine thereof in his Favour expede and recorded in the appropriate Register of Sasines at the Date of recording such Notarial Instrument: Provided always, that where such Notarial Instrument shall be expede by a Person other than the original Grantee under such general Disposition, it shall set forth the Title or Series of Titles; by which the Person in whose Favour it is expede acquired Right to such general Disposition, and the Nature of his Right.