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Writs Execution (Scotland) Act 1877
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6 Writs registered in the Register of Sasines for preservation only may afterwards be registered for preservation and execution.S
Where any writ containing in gremio thereof a procuratory or clause of registration for preservation and execution shall have been registered in the General Register of Sasines F1... for preservation but not for execution, it shall be competent to present for registration in the said register an extract of such registered writ [F2with, written on the extract, a statement to the effect] that such extract is to be registered for preservation and execution; and it shall be lawful to register such extract accordingly, and to issue one or more extracts thereof, with warrant of execution in terms (mutatis mutandis) of Schedule B. annexed to the M1Land Registers (Scotland) Act 1868, and every such warrant of execution shall have all the like force and effect as any warrant of execution issued in terms of the twelfth section of the said last-mentioned Act; and in making such subsequent registration it shall not be necessary to engross ad longum in the said register the extract so presented, but the registration thereof may be effected by the insertion of a memorandum of such extract in the appropriate division or divisions of said register, setting forth the volume of the register, and the folio or folios of such volume in which said original writ is engrossed, and the insertion of such memorandum shall be deemed equivalent to the full engrossment in the division or divisions of the register in which such memorandum shall be entered as aforesaid of the extract so presented for registration.
Textual Amendments
F1Words in s. 6 repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 10(a), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F2Words in s. 6 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 10(b) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
Modifications etc. (not altering text)
C1S. 6 amended by Conveyancing (Scotland) Act 1924 (c. 27), s. 10(7)
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