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Conveyancing (Scotland) Act 1874

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Version Superseded: 01/08/1995

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SCHEDULE LS

No.1S Form of Certificate where Lands are Sold under Heritable Security and no Surplus Emerges

I,A.B. [insert designation], Notary Public, with reference to the sale of all and whole the lands of [describe or refer to the lands], which sale took place at upon the day of at the instance ofC.D. [design him], in virtue of the power of sale contained in a bond and disposition in security for the sum of £ with interest and penalties corresponding thereto, dated and recorded in the register of sasines for the day of granted toG.H. [design him] in favour of the saidC.D. [orin favour ofE.F. (design him), but to which the saidC.D. has acquired right by progress (or otherwise, as the case may be)], do hereby certify that there has been submitted to me a statement of the intromissions of the saidC.D.,with the price of the said lands subscribed, as authentic, by the saidC.D. [orbyM.N.,agent of the saidC.D.,on his behalf], from which it appears that no surplus remains for consignation in bank, in terms of the 122nd and 123rd sections of the Titles to Lands Consolidation (Scotland) Act, 1868, and I make this certificate in terms of the Conveyancing (Scotland) Act, 1874. In witness whereof [testing clause].

No.2S Form of Certificate where Lands have been redeemed of Heritable Security, but Discharge cannot be obtained

I,A.B. [design him], Notary Public, do hereby certify thatC.D. [design him], proprietor of the lands ofX. [name the lands as shortly as possible] and others in the county ofY.,being the lands contained in the bond and disposition in security [or other deed of security], for £ after mentioned, has appeared before me, and represented that he did on the day of consign in the bank at the sum of £ with £ being the whole interest due under the said bond and disposition in security [or other deed of security] in the name ofE.F. [design him] the creditor in the said bond and disposition in security [or other deed of security; if only a partial creditor say,to the extent of £ ]; which consignation was made in virtue of the power of redemption reserved in the said bond and disposition in security [or other deed of security] which was granted by the saidC.D. [orbyJ.K. (design him), then proprietor of the said lands] in favour of the saidE.F. [or L.M. (design him) the original creditor in the said security], and is dated [insert date] and recorded in the register of sasines for the day of [if sasine was expede on the bond and disposition in security or other deed of security, instead ofand recorded, &c.,say, on which bond and disposition in security (or other deed of security) the saidE.F. (or L.M. as the case may be) was infeft conform to instrument of sasine in his favour recorded in the register of sasines for the day of ]; and the said consignation was rendered necessary by the refusal of the saidE.F. to receive the said sum of £and interest thereon [orby the absence of the saidE.F., or otherwise, as the case may be, stating the reason why discharge could not be obtained], notwithstanding that the requisite notice of redemption was given to him; and I make this certificate in terms of the Conveyancing (Scotland) Act, 1874. In witness whereof [testing clause].

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