Titles to Land Consolidation (Scotland) Act 1868

24 Mode of completing Title by a Judicial Factor on a Trust Estate, &c.

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 said Court, for Authority to complete a Title to such Lands, 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 of Schedule (E.) hereto annexed, or 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 granted, where such Judicial Factor has been or shall be appointed on a Trust Estate which shall have been vested in a Trustee or former Judicial Factor, by such Trustee or former Factor, whether in Life or deceased, for the Purposes of such Trust, to be holden in the Case of Lands not held by Burgage Tenure 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 such Warrant may with Warrant of Registration thereon, be recorded in the appropriate Register' of Sasines as a Conveyance in favour of such Judicial Factor, 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, 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 " The Trusts (Scotland) Act, 1867," unless in so far as such Provisions and Enactments may be inapplicable to the Form or Objects of such Petitions or Warrants.