Titles to Land Consolidation (Scotland) Act 1868

8 Import of Clauses in Schedule (B.) No. 1. & 2.

The, Clause for resigning the Lands in Form No. 1. of Schedule (B.) hereto annexed shall be held and taken to be equivalent to a Procuratory of Resignation in favorem only in the Terms in use prior to the Thirtieth Day of September One thousand eight hundred and forty-seven, unless specially expressed to be a Resignation ad remanentiam, in which Case it shall be equivalent to a Procuratory of Resignation ad remanentiam according to the Form in use prior to the said Date ; and the Clause of Assignation of "Writs and Evidents in Forms Nos. 1. and 2. of Schedule (B.) hereto annexed shall, unless specially qualified, be held to import an absolute and unconditional Assignation to such Writs and Evidents, and to all open Procuratories, Clauses, and Precepts, if any, and as the Case may be, therein contained, and to all unrecorded Conveyances to which the Disponer has Right; and the Clause of Assignation of Rents in these Forms shall, unless specially qualified, be held to import an Assignation to the Rents to become due for the Possession following the Term of Entry, according to the legal and not the conventional Terms, unless in the Case of forehand Rents, in which Case it shall be held to import an Assignation to the Rents payable at the conventional Terms subsequent to the Date of Entry; and the Clause of Warrandice in these Forms shall, unless specially qualified, be held to imply absolute Warrandice as regards the Lands and Writs and Evidents, and Warrandice from fact and Deed as regards the Rents; and the Clause of Obligation to free and relieve from Feu Duties, Casualties, and Public Burdens, in Form No. 1. of Schedule (B.) hereto annexed, shall, unless specially qualified, be held to import an Obligation to relieve of all Feu Duties or other Duties and Services or Casualties payable or prestable to the Superior, and of all public, parochial, and local Burdens due from or on account of the Lands conveyed prior to the Date of Entry; and the Clause of Obligation to free and relieve from Ground Annuals, Cess, Annuity, and other public Burdens, in Form No. 2, of Schedule (B.) hereto annexed, shall, unless specially qualified, be held to import an Obligation to relieve of all Ground Annuals, Cess, Annuity, and other public, parochial, and local Burdens, due from or on account of the Lands conveyed prior to the Date of Entry; and the Clause of Consent to Registration in these Two Forms shall, unless specially qualified, have the Meaning and Import and Effect assigned to them in the One hundred and thirty-eighth Section of this Act.