Titles to Land Consolidation (Scotland) Act 1868

3 Interpretation of terms. U.K.

The following words and expressions in this Act, and in the schedules annexed to this Act, shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say,

• The words “superior,” “vassal,” “grantor,” “grantee,” “disponer,” “disponee,” “legatee,” “adjudger,” and “purchaser” shall extend to and include the heirs, successors, and representatives of such superior, vassal, grantor, grantee, disponer, disponee, legatee, adjudger, or purchaser respectively; and the word “successors” shall extend to and include heirs, disponees, assignees legal as well as voluntary, executors, and representatives:

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• The words “Sheriff of Chancery” shall extend to and include the Sheriff of Chancery and his substitute under this Act, or under the Act of the tenth and eleventh Victoria, chapter forty-seven; and the word “Sheriff” shall extend to and include [F2 the Sheriff Principal . . . F3 of any sheriffdom . . . F3 and the Sheriff] and the Sheriff of Chancery and his substitute:

• The words “Sheriff Clerk of Chancery” shall extend to and include the Sheriff Clerk of Chancery acting under this Act, or who acted under the M1 Act of the tenth and eleventh Victoria, chapter forty-seven, and the depute of such Sheriff Clerk; and the words “Sheriff Clerk” shall extend to and include the Sheriff Clerk of Chancery and [F4 the Sheriff Clerk . . . F3 of the sheriff court district concerned] . . . F3 and their respective deputes:

• The words “Crown writ” shall extend to and include all charters, precepts, and writs from Her Majesty, and from the Prince; . . . F3 ; and the word “Prince” shall extend to and include the Prince and Steward of Scotland and his successors:

• The word “charter” and the word “writ” shall each extend to and include all Crown writs, and all charters, precepts, and writs from subject superiors:

• The word “deed” and the word “conveyance” shall each extend to and include all charters, writs, dispositions, whether containing a warrant or precept of sasine or not, and whether inter vivos or mortis causa, and whether absolute or in trust, feu contracts, contracts of ground annual, heritable securities, reversions, assignations, instruments, decrees of constitution relating to land to be afterwards adjudged, decrees of adjudication for debt, and of adjudication in implement, and of constitution and adjudication combined, whether for debt or implement, decrees of declarator and adjudication, decrees of sale, and decrees of general and of special service, whether such decrees contain warrant to infeft or precept of sasine or not, and the summonses, petitions, or warrants on which any such decrees proceed, warrants to judicial factors, trustees, or beneficiaries of a lapsed trust, to make up titles to lands, and the petitions on which such warrants proceed, writs of acknowledgment, contracts of excambion, deeds of entail, procuratories of resignation ad remanentiam, and all deeds, decrees, and writings by which lands, or rights in lands, are constituted or completed or conveyed, or discharged, whether dated, granted, or obtained before or after the passing of this Act, and official extracts of all deeds and conveyances; and all codicils, deeds of nomination, and other writings annexed to or endorsed on deeds or conveyances or bearing reference to deeds or conveyances separately granted, and decrees of declarator naming or appointing persons to exercise or enjoy the rights or powers conferred by such deeds or conveyances, shall be deemed and taken for the purposes of this Act to be parts of the deeds or conveyances to which they severally relate, and shall have the same effect in all respects as to the persons so named and appointed as if they had been named and appointed in the deeds or conveyances themselves:

• The words “deed of entail” shall extend to and include all deeds and conveyances of lands under the fetters of a strict entail, and all procuratories, bonds, and contracts by which lands are settled under such fetters:

• The word “instrument” shall extend to and include all notarial instruments authorized by this Act, or by any of the Acts hereby repealed, and also all instruments of sasine, instruments of resignation ad remanentiam, instruments of resignation and sasine, and instruments of cognition and sasine, and instruments of cognition:

• The words “heritable security” and “security” shall each extend to and include all heritable bonds, bonds and dispositions in security, bonds of annual rent, bonds of annuity, and all securities authorized to be granted by the seventh section of the M2 Debts Securities (Scotland) Act 1856, and all deeds and conveyances whatsoever, legal as well as voluntary, which are or may be used for the purpose of constituting or completing or transmitting a security over lands or over the rents and profits thereof, as well as such lands themselves and the rents and profits thereof, and the sums, principal, interest, and penalties secured by such securities, but shall not include securities by way of ground annual, whether redeemable or irredeemable, or absolute dispositions qualified by back bonds or letters:

• The word “creditor” shall extend to and include the party in whose favour an heritable security is granted, and his successors in right thereof:

• The word “debtor” shall include the debtor and his successors:

• The word “lands” shall extend to and include all heritable subjects, securities, and rights:

• The words “notary public” shall be held to mean a notary public duly admitted to practise in Scotland:

• The word “petitioner” shall extend to and include any person who may have presented or may present a petition within the meaning of this Act, or of any Act hereby repealed:

• The words “judicial factor” shall extend to and include judicial factors or curators bonis to persons under incapacity, F5 . . ., factors loco absentis, and all judicial managers:

• The words “infeft” and “infeftment” shall extend to and include the due registration, in the appropriate register of sasines, of any deed or conveyance, whether before or after the commencement of this Act, by which registration a real right to lands has been or shall be constituted.

Textual Amendments

F1 Definition repealed by Statute Law Revision Act 1893 (c. 14)

F2 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4(2), Sch. para. 1

F3 Words repealed by Statute Law Revision Act 1893 (c. 14)

F4 Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 27, Pt. I para. 1(3)

F5 Words in s. 3 repealed (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(2), 11(2), Sch. 2 (with s. 1(3))

Marginal Citations

M1 1847 c. 10.

M2 1856 c. 91.