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Titles to Land Consolidation (Scotland) Act 1868

Status:

This is the original version (as it was originally enacted).

SCHEDULES referred to in foregoing Act.

SCHEDULE (A.)

No. 1Acts and Part of Act repealed.

Date of Act.Title.Extent of Repeal.
8 & 9 Vict. c. 31.An Act to facilitate the Transmission and Extinction of Heritable Securities for Debt in Scotland.The whole.
8 & 9 Vict. c. 35.An Act to simplify the Form and diminish the Expense of obtaining infeftment in Heritable Property in Scotland.Section Sixth in the Copy No. 2. of this Schedule.
10 & 11 Vict. c. 47.An Act to amend the Law and Practice in Scotland as to the Service of Heirs.The whole.
10 & 11 Vict. c. 48.An Act to facilitate the Transference of Lands and other Heritages in Scotland not held in Burgage Tenure.The whole.
10 & 11 Vict. c. 49.An Act to facilitate the Transference of Lands and other Heritages in Scotland held in Burgage Tenure.The whole.
10 & 11 Vict. c. 50.An Act to facilitate the Constitution and Transmission of Heritable Securities for Debt in Scotland, and to render the same more effectual for the Recovery of Debts.The whole.
10 & 11 Vict. c. 51.An Act to amend the Practice in Scotland with regard to Crown Charters and Precepts from Chancery.The whole.
13 & 14 Vict. c. 13.An Act to render more simple and effectual the Titles by which Congregations or Societies associated for Purposes of Religious Worship or Education in Scotland to hold Real Property required for such Purposes.The whole.
17 & 18 Vict. c. 62.All Act to extend the Benefits of Two Acts of Her Majesty relating to the Constitution, Transmission, and Extension of Heritable Securities in Scotland.The whole.
21 & 22 Vict. c. 76.An Act to simplify the Forms and diminish the Expense of completing Titles to Land in Scotland.The whole.
23 & 24 Vict. c. 143.An Act to extend certain Provisions of the Titles to Land (Scotland) Act, 1858, to Titles to Land held by Burgage Tenure, and to amend the said Act.The whole.

No. 2.CAP. XXXV.

An Act to simplify the Form and diminish the Expense of obtaining infeftment in Heritable Property in Scotland.

[21st July 1845]

WHEREAS it is expedient to simplify the Form and diminish the Expense of obtaining Infeftment in Heritable Property in Scotland :

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

How Sasine to be given in future.

That from and after the First Day of October in the present Year One thousand eight hundred and forty-five it shall not be necessary to proceed to the Lands in which Sasine is to be given, or to perform any Act of Infeftment thereon, but Sasine shall be effectually given therein and Infeftment obtained by producing. to a Notary Public the Warrants of Sasine and relative Writs, as now in use to be produced at taking Infeftment, and by expeding and recording in the General Register of Sasines, or the Particular Register of Sasines applicable to the Lands contained in the Warrant of Infeftment, in manner herein-after directed, an Instrument of Sasine, setting forth that Sasine had been given in the said Lands, and subscribed by the said Notary Public and Witnesses, according to the Form and as nearly as may be in the Terms of Schedule (B.) hereto annexed; and such Form of Infeftment shall be effectual, whether the Lands lie contiguous or discontiguous, or are held by the same or by different Titles, or of One or more Superiors, or whether the Deed entitling the Party to obtain Infeftment be dated prior or subsequent to the present Act, or whether the Precept of Sasine therein be in the Form heretofore in use, or in the Form authorized by the present Act.

IIInstruments of Sasine to be entered and recorded.

And be it enacted, That from and after the said First Day of October every such Instrument of Sasine shall be recorded in manner heretofore in use with regard to Instruments of Sasine, and the Keepers of the Registers of Sasines are hereby required to receive and register the same accordingly; and, such Instrument of Sasine, being so recorded, shall in all respects have the same Effect as if Sasine had been taken and an Instrument of Sasine duly recorded according to the Law and Practice heretofore, in use.

IIIMay be recorded at any Time, but the Date of the Presentment to be the Date of the Infeftment.

And be it enacted, That from and after the said First Day of October every such Instrument of Sasine may be competently and effectually recorded at any Time during the Life of the Party in whose Favour such Instrument has been expede, but the Date of Presentment and Entry set forth on any such Instrument by the Keeper of the Record shall be taken to be the Date of the Instrument of Sasine and Infeftment.

IVIn case of Error or Defect another Instrument may be recorded.

And be it enacted, That in case of any Error or Defect in any such Instrument of Sasine, or in the recording thereof, it shall be competent of new to make and record an Instrument of Sasine, which shall have Effect from the Date of the recording thereof, as if no previous Instrument or Instruments had been made or recorded.

VForms of the Precept and Instrument of Sasine.

And be it enacted, That in all Deeds containing a Precept of Sasine such Precept may be in the Form and as nearly as may be in the Terms of the Schedule (A.) hereto annexed, and the Instrument of Sasine on any such Deed shall be in the Form and as nearly as may be in the Terms of the said Schedule (B.) hereto annexed, which Precepts and Instruments of Sasine respectively shall be as valid and effectual as the Precepts and Instruments of Sasine heretofore in use.

VIPrecept from Chancery to be issued to Notaries upon Payment of Retour Duties and Casualties. Fees to be paid to Sheriffs and Sheriff Clerks for a limited Period. Repealed by this Act.

And be it enacted, That where infeftment is to be completed under a Precept issuing from the Office of Chancery, which Precept has hitherto been directed to the Sheriff of the County in which the Lands or some Part thereof lie, such Precept shall, after the said First Day of October, be addressed to any Notary Public: Provided always, that such Precept shall be null and void unless an Instrument of Sasine thereon be recorded in the General Register of Sasines, or the Register of Sasines applicable to the Lands therein contained, before the first Term of Whitsunday or Martinmas posterior to the Date of such Precept, without Prejudice to a new Precept being issued as heretofore, and that before such Precept is issued from Chancery the Retour Duties and Casualties due to the Crown shall be paid to the proper Officer there, who shall account to the Exchequer for the same in like Manner as the Sheriffs were wont to do; and the same Officer shall also receive at the same Time certain Fees on behalf of the Sheriffs, Sheriffs Substitute, and Sheriff Clerks of the Counties in which the Lands he, and on which Sasine would have been taken according to the Form heretofore in use, and to whom such Officer shall account for the same, in place of the Fees which they have heretofore been in use to receive, but such Fees shall be paid only during the Existence of the respective Interests of the present Sheriffs, Sheriffs Substitute, and Sheriff Clerks in their respective Offices ; and the Lords of Council and Session are hereby authorized and required, by an Act or Acts of Sederunt, to regulate and determine the Amount of the Fees to be so received on behalf of each Sheriff Substitute, and Sheriff Clerk, having due Regard to the existing Interest of each.

VIIForms of Burgage Sasines to continue as at present.

And whereas it is hot hereby intended to make any Alterations in the Law with regard to Instruments of Sasine and Instruments of Cognition, and Sasine of Subjects held Burgage, or by any similar Mode of Tenure known and effectual in Law, excepting as after specified; be it enacted, That the Forms and Modes of Registration of these Instruments shall continue the same as at present, excepting only that the same shall be valid and effectual, if attested by the Town Clerk as a Notary, without the Addition of his Docquet, and by the Witnesses, and that the Delivery of Symbols may lawfully be given, either on the Ground of the Subjects as heretofore, or within the Council Chamber of the Burgh by Delivery of a Pen.

VIIIInstruments of Resignation as remanentiam regulated.

And be it enacted, That Instruments of Resignation ad remanentiam shall be written in the same Form as at present, but it shall be unnecessary for the Notary Public to adhibit his long Docquet to such Instruments; and further, that all Resignations ad remanentiam may be accepted by the Superior himself, or on his Behalf, by his known Agent for the Time, or by any Person having a formal Commission for that Purpose.

IXInstruments of Resignation in favorem abolished.

And whereas Instruments of Resignation in favorem, as separate Instruments intended merely to connect the Procuratory with the Charter of Resignation, are now rarely used in Practice, and are wholly unnecessary; be it enacted, That from and after the said First Day of October the same shall be and are hereby abolished: Provided always, that the Deduction of Titles required by the Act of the Parliament of Scotland made in the Year One thousand six hundred and ninety-three, intituled "Act anent Procuratories of" Resignation and Precepts of Seisin," to be made in such Instruments, shall from and after the Date of this Act be made in the Charter of Resignation.

XInterpretation of Act.

And be it enacted, That in the Construction of this Act the Words " Notary Public " shall be held to mean a Notary Public in Scotland duly admitted and practising there ; the Word " Deed " shall be held to include any Warrant or Document upon which Sasine may follow; and the Word "Lands," or the Words "Heritable Property," shall be held to include Houses, Fishings, Mills, Minerals, Patronages, Teinds, and in general all Heritable Subjects or Rights in which infeftment may be taken; and all Words in the Singular Number shall be held to include a Plurality of Persons or Things; and in general this Act shall be construed in the most liberal Manner, so as to accomplish the Objects thereby intended.

XIAlteration of Act.

And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

SCHEDULES referred to in the foregoing Act.

SCHEDULE (A.)FORM OF PRECEPT OF SASINE.

Moreover I desire any Notary Public to whom these Presents may be presented to give to the said A.B. or his foresaids Sasine [or Life-rent Sasine, or Sasine in Life-rent and Fee respectively, as the Case may be,] of the Lands and" others above disponed [if the Deed be granted under the Burden of a Real Lien or Servitude, or any other Incumbrance, Condition, or Qualification of the Right, or under Redemption, then there will he added here, "but always under the Burden of the Real Lien," &c. (as the Case may be) before specified]. In witness whereof, &c. [here insert a Testing Clause in legal Form].

SCHEDULE (B.)FORM OF INSTRUMENT OF SASINE.

SCHEDULE (B.)

No. 1.Formal Clauses of a Disposition of Land, &c. not held Burgage.

[After the inductive and dispositive Clauses the Deed may proceed thus:] With Entry at the Term of [here specify the Date of Entry]; to be holden the said Lands and others [or Subjects] a me [or a me vel de me, as the Case may be]; and I resign the said Lands and others [or Subjects] for new infeftment or Investiture; and I assign the Writs, and have delivered the same according to Inventory; and I assign the Rents; and I bind myself to free and relieve the said Disponee and his foresaids of all Feu Duties, Casualties, and public Burdens; and I grant Warrandice; and I consent to Registration hereof for Preservation [or for Preservation and Execution]. In witness whereof [insert a Testing Clause in the usual Form].

NOTE.—The Clauses are assumed here as occurring in a Disposition, but they may be used in other Deeds and Conveyances; and in the event of it being necessary to omit, vary, or qualify any One or more of them, this may be done, and the other Clauses may be retained.

No. 2.Formal Clauses of a Disposition of Land, &c. held Burgage.

[After the inductive and dispositive Clauses the Deed may proceed thus:] With Entry at the Term of [here specify the Date of Entry]; to be holden the said Lands and others [or Subjects] of Her Majesty in Free Burgage; and I assign the Writs, and have delivered the same according to Inventory; and I assign the Rents; and I bind myself to free and relieve the said Disponee and his foresaids of all Ground Annual, Cess, Annuity, and other public Burdens; and I grant Warrandice; and I consent to the Registration hereof for Preservation [or for Preservation and Execution]. In witness whereof [insert a Testing Clause in the usual Form].

NOTE.—The Clauses are assumed here as occurring in a Disposition, but they may be used in other Deeds and Conveyances ; and in the event of it being necessary to omit, vary, or qualify any One or more of them, this may be done, and the other Clauses may be retained.

SCHEDULE (C.)

Clause of Reference to Destinations and Conditions of Entail, &c.

SCHEDULE (D.)

Clause of Reference to Meal Burdens, Conditions, &c, in Investiture.

SCHEDULE (E.)

Clause of Reference to particular Description contained in a prior Deed.

SCHEDULE (F.)

No. 1.Clause of Direction specifying Part of Deed which Grantor desires to be recorded.

No. 2.Warrant of Registration to be written on Deed where it is intended to record it in Terms of a Clause of Direction.

Register the above Deed in Terms of the Clause of Direction therein contained on behalf of A.B. [insert Designation] in the Register of the County of C. [or if the Writ contains Land in more than One County, in the Registers of the Counties of C, D., E., and F., or, if the Lands be held Burgage in the Register, or Registers of the Burgh of M., or Burghs of M., N., O., and P.]

(Signed) A.B.

[or] G.H.,

W.S., Edinburgh, Agent,

[or] J.K. & L.,

W.S., Edinburgh, Agents,

[or as the Case may be].

SCHEDULE (G.)

Clause of Reference to Conveyance, containing general Designation of Lands.

SCHEDULE (H.)

No. 1.Warrant of Registration to be written on a Conveyance, &c, token presented without Assignation apart, or with Writ of Resignation or other similar Writ thereon.

Register on behalf of A.B. [insert Designation] in the Register of the County of C. [or if the Conveyance, &c. or Writ contains Lands in more than One County, in the registers of the Counties of C, D., E., and F., or, if the Lands he held Burgage, in the Register of the Burgh of M., or in the Registers of the Burghs of M.,N., O., and P.] [or Register, &c, along with Assignation (or Assignations) (or Writ of Resignation) hereon, in the Register of the County of C, &c. or in the Register of the Burgh of M., &c., or otherwise as the Case may be].

(Signed) A.B.,

[or] G.H.,

W.S., Edinburgh, Agent,

[or] J.K. & L.,

W.S., Edinburgh, Agents,

[or as the Case may be.]

No. 2.Warrant of Registration to be written on a Conveyance, &c. when presented with Assignation apart, or Notarial Instrument.

Register on behalf of A.B. (insert Designation) in the Register of the County of C [or if the Conveyance, &c. or Writ contains Lands in more than One County, in the Registers of the Counties of C, D., E., and F., or if the Lands be held Burgage in the Register of the Burgh of M., or in the Registers of the Burghs of M., N., O., and P.] along with the Assignation [or Assignations, or Notarial Instrument] docqueted with reference hereto [or otherwise as the Case may be].

(Signed) A.B.,

[or] G.H.,

W.S., Edinburgh, Agent,

[or] J.K. & L.,

W.S., Edinburgh, Agents,

[or as the Case may be.]

No. 3.Warrant of Registration to be written on a Conveyance presented for Registration propriis manibus.

Register on behalf of A.B. (insert Designation) in the Register of the County of C [or if the Conveyance, &c. or Writ contains Lands in more than One County, in the Registers of the Counties of C, D., E., and F., or if the Lands be held Burgage in the Register of the Burgh of M., or in the Registers of the Burghs of M., N., O., and P. And also ex propriis manibus on behalf of L., Wife of the said A.B. in Liferent [or as the Case may be].

(Signed) A.B.

SCHEDULE (I.)

Instrument of Sasine in Burgage Subjects.

SCHEDULE (J.)

Notarial Instrument in favour of Disponee or his Assignee, &c.

SCHEDULE (K.)

Instrument of Resignation ad remanentiam.

SCHEDULE (L.)

Notarial Instrument in favour of a general Disponee, or his Assignee, &c.

SCHEDULE (M.)

No. 1.Assignation of an unrecorded Conveyance.

I, A.B., in consideration of, &c. [or otherwise, as the Case may be], hereby assign to C.D., and his Heirs and Assignees [or otherwise, as the Case may be], the Disposition [or other Deed, as the. Case may be] granted by E.F., dated, &c, by which he conveyed the Lands of X., as therein described, to me [or otherwise, as the Case may be, specifying the connecting Title, if any, and the Nature of the Right conveyed or assigned. State the Term of the Assignee's Entry, and other Particulars, if any, which ought to be specified.] In witness whereof [insert a Testing Clause in the usual Form].

NOTE.—Before being presented for Registration along with the Disposition or other Deed and Warrant of Registration thereon, the Assignation must be docqueted in or as nearly as may be in the Form following ; viz.:

"Docqueted with reference to Warrant of Registration on behalf of C.D., " written on the said Disposition [or other Deed, as the Case may be]."

The Docquet shall be signed by the Person or his Agent or Agents signing the Warrant.

No. 2.Assignation of an unrecorded Conveyance written upon the Conveyance.

I, A.B., in consideration of, &c. [or otherwise, as the Case may be], hereby assign to C.D., and his Heirs and Assignees [or otherwise, as the Case may be], the foregoing Disposition [or other Deed, as the Case may be] of the Lands of X., as therein described, granted in my Favour [or otherwise, as the Case may be, specifying the connecting Title, and the Nature of the Right conveyed or assigned. State the Term of the Assignee's Entry, and other Particulars, if any, which ought to be specified. In witness whereof [insert a Testing Clause in the usual Form].

SCHEDULE (N.)

Notarial Instrument in favour of an Assignee to an unrecorded Conveyance to be recorded along with the Conveyance.

SCHEDULE (O.)

SCHEDULE (P.)

Form of Petition of General Service.

SCHEDULE (Q.)

Form of Petition of Special Service.

SCHEDULE (R.)Form for a General Service where it is to be limited in its Effects by a Specification annexed.

No. 1.

The Petition will be in the Form of Schedule (P.), adding at the Close of the Statement of the Petitioner, but the Petitioner desires that his General Service shall be limited to the Contents of the Specification annexed; and adding at the Close of the Prayer of Petition, but under Limitation as aforesaid to the Contents of the Specification annexed.

No. 2.

SCHEDULE (S.)

Note for A.B. [insert Name and Designation.].

The said A.B. humbly prays that a Writ [or Charter, or Precept, or other Deed, as the Case may be] may be granted by Her Majesty [or the Prince and Steward of Scotland, as the Case may be] in Terms of the Draft herewith lodged and marked as relative hereto.

(Signed) C.D. (W.S.) Agent for the said A.B.

SCHEDULE (T.)

No. 1.Crown Writ of Resignation.

No. 2.Crown Charter of Resignation.

No. 3.Crown Writ of Confirmation.

No. 4.Crown Charter of Confirmation.

SCHEDULE (U.)

No. 1.Crown Writ of Clare constat.

No. 2.Precept from Chancery.

SCHEDULE (V.)

No. 1.Writ of Confirmation by Subject Superior.

I, A.B. [here insert Name and Designation of Superior], hereby confirm this Disposition [or other Deed or Conveyance, as the Case may be] in favour of C.D., as Vassal in room and place of E.F. [here name and design last Vassal in the Lands] entered by [here specify the Charter or other Writ by which the last Vassal was entered, Instrument thereon if any, and Date of Registration in the Register of Sasines if recorded], but only in so far as consistent with the [here specify, or refer to if previously specified, a Charter or other Writ containing the Tenendas and Reddendo, &c.], and with my own Rights. [If the Reddendo is to be different from that in the Charter or other Writ specified or referred to, or if the Vassal should desire, specify the Reddendo here.] In witness whereof [insert a Testing Clause in usual Form].

No. 2.Charter of Confirmation by Subject Superior.

No. 3.Writ of Resignation by Subject Superior.

I, A.B. [here insert Name and Designation of Superior], in respect of the within Clause [or Procuratory] of Resignation, dispone to C.D. the Lands contained in this Disposition [or other Deed or Conveyance, as the Case may be,] in his Favour [or in favour of G.H., or otherwise, as the Case may be, specifying shortly the connecting Title], as Vassal in room and place of E.F. [here name and design last Vassal in the Lands] entered by [here specify the Charter or other Writ by which the last Vassal was entered, and Instrument thereon, if any, and Date of Registration in Register of Sasines if recorded] but only in so far as consistent with the [here specify or refer to if previously specified a Charter or other Writ containing the Tenendas and Reddendo, &c] and with my own Rights. [If the Reddendo is to be different from that in the Charter or other Writ specified or referred to, or if the Vassal should desire, specify the Reddendo here.] In witness whereof [insert a Testing Clause in usual Form].

No. 4.Charter of Resignation by a Subject Superior.

I, L.M., immediate lawful Superior of the Lands and others after mentioned, do hereby give, grant, dispone, and for ever confirm to A.B. and his Heirs and Assignees whomsoever [or in case there be a Substitution of Heirs here insert it at full Length or refer to it as in Schedule ( C.)], heritably and irredeemably, all and whole [here insert or refer as in Schedule (E.) or Schedule (G.), as the Case may be, to the Lands, and if held under Conditions of Entail or Real Burdens, &c., insert them or refer to them as in Schedule (C.) or Schedule (D.), as the Case may be], which Lands and others formerly belonged to C.D., holden by him of me as his immediate lawful Superior thereof, in Terms of [here state briefly the Investiture of the last entered Vassal], and have been resigned by him into my Hands by virtue of a Procuratory [or Clause] of Resignation contained in a Disposition [or other Deed or Conveyance, as the Case may be] of the said Lands and others granted by him in favour of the said A.B., dated [here insert the Date]; to be holden the said Lands and others of me, my Heirs and Successors, in Free Blench Farm [or in Feu Farm, as the Case may be] for ever, paying therefor [here insert the Reddendo] ; and I consent to the Registration hereof for Preservation. In witness whereof [insert a Testing Clause in usual Form].

SCHEDULE (W.)

No. 1.Writ of Clare constat by a Subject Superior.

No. 2.Precept of Clare constat by a Subject Superior.

I, A.B. [here insert Name and Designation of Superior]: Whereas, &c. [as in No. 1. of this Schedule] it clearly appears that E.F. [here insert the Name and Designation of the Ancestor] died last vest and seised as of Fee in, &c. [as in No. 1. of this Schedule down to and including the Statement of the Relationship and Character of Heir which the Party holds] ; and that the said Lands and others are holden of me and my Successors, as Superiors thereof, in Free Blench Farm [or Feu Farm, as the Case may be], for ever, for Payment of [here specify the Reddendo]. Therefore I desire any Notary Public to whom these Presents may be presented to give to the said C.D., as Heir aforesaid, Sasine of the Lands and others above described. [If there are Conditions of Entail, &c. or other Burdens or Qualifications, here add, but always with and under the Conditions, Provisions, and prohibitory, irritant, and resolutive Clauses, (or Clause authorizing Registration in the Register of Tailzies,) (or with and under the Real Burdens, Conditions, Provisions, and Limitations, as the Case may be,) above specified or referred to, as the Case may be.] In witness whereof [insert a Testing Clause in usual Form].

No. 3.Writ of Clare constat in Burgage Subjects.

We, the Provost and Bailies of the Burgh of [insert Name], being the Magistrates of said Burgh, acting under and in Terms of "The Titles to Land Consolidation (Scotland) Act, 1868" : Whereas it clearly appears that C.D. [insert Name and Designation of the Ancestor] died last vest and seised as of Fee in, &c. [as in No. 1. of this Schedule down to and including the Statement of the Relationship and Character of Heir which the Party holds] Therefore, we hereby declare the said A.B. to have Eight to the said Lands as Heir foresaid. In witness whereof [to be signed by the Provost or Acting Chief Magistrate for the Time, and the Town Clerk (or by One of the Town Clerks where there are more than One), and tested in usual Form].

SCHEDULE (X.)

No. 1.Petition to the Lord Ordinary for Forfeiture of Superiority where Reddendo does not exceed Five Pounds.

No. 2.Interlocutor by Lord Ordinary on above Petition.

The Lord Ordinary grants Warrant to Messengers-at-Arms to serve the said Petition and this Deliverance on the said G.H. as prayed for, and ordains the said G.H., within Thirty Days [or Sixty Days, as the Case may be] after the Date of such Service, to procure himself entered and infeft in the Lands and others described in the Petition, and to enter the Petitioner in the same, on Payment of the Duties and Casualties exigible on such Entry, or else to show Cause for delaying or refusing to do so, with Certification that if he fail he shall forfeit and amit all Right to the said Superiority in Terms of the said Act.

No. 3.Decree by Lord Ordinary on above Petition.

The Lord Ordinary, having resumed Consideration of the said Petition, with the Execution thereon, now expired, in respect the said G.H. has not shown Cause for delaying or refusing to complete his Title to the Superiority, and to grant an Entry to the Petitioner, finds and declares, That the said G.H. has forfeited and amitted all Right to the said Superiority, and that the Petitioner and his Heirs and Successors are entitled to hold the Lands and others described in the Petition in all Time coming as Vassals immediately of and under the next Over Superior by the Tenure and for the Reddendo by and for which the said forfeited Superiority was held; grants Warrant to the Petitioner and his foresaids to apply for and obtain an Entry in the said Lands and others from the said Over Superior, in the Terms foresaid, and decerns and ordains the Decree to be extracted hereon to be recorded in the Register of Sasines.

SCHEDULE (Y.)

No. 1.Petition to the Lord Ordinary for Forfeiture of Feu Duties under or above Five Pounds.

No. 2.Interlocutor by Lord Ordinary in above Petition.

The Lord Ordinary grants Warrant to Messengers-at-Arms to serve the said Petition and this Deliverance on the said G.H., as prayed for, and ordains the said G.H., within Thirty Days [or Sixty Days, as the Case may be] after the Date of such Service, to procure himself entered and infeft in the Lands and others described in the Petition, and to enter the Petitioner in the same, on Payment of the Duties and Casualties exigible on such Entry, or else to show Cause for delaying or refusing to do so, with Certification that if he fail he shall forfeit and amit all Right to the Duties and Casualties payable on the Petitioner's Entry, and that the Petitioner shall be entitled to retain from him and his Successors, as immediate Superiors, the yearly Feu Duties and the whole other Prestations, until fully paid and indemnified for the Expenses of the Petition and Procedure thereon, and for all the Expenses of completing the Petitioner's Title in Terms of the said Act.

No. 3.Decree by Lord Ordinary in above Petition.

The Lord Ordinary, having resumed Consideration of the said Petition, with the Execution thereon, now expired, in respect the said G.H. has not shown Cause for delaying or refusing to complete his Title to the Superiority, and to grant an Entry to the Petitioner, finds and declares, That the said G.H. has forfeited and amitted all Right to the Duties and Casualties payable on the Entry of the Petitioner, and that the Petitioner is entitled to retain from him and his Successors, as immediate Superiors, the yearly Feu Duties and whole other Prestations, until fully paid and indemnified for all the Expenses of the said Petition and Procedure thereon, and for all the Expenses of completing the Petitioner's Title; grants Warrant to the Petitioner to apply for and obtain an Entry in the Lands and others described in the Petition from the Crown [or Prince of Scotland, or I.K., the mediate Over Superior], as acting in vice of the said G.H., and decerns and allows this Decree to go out and be extracted ad interim; and, on the Petitioner's Title being completed, appoints Accounts of the Expenses of the Petition and Procedure thereon, and of completing the Title, to be lodged, and remits the same, when lodged, to the Auditor to tax and report.

No. 4.Finding for Expenses in above Petition.

SCHEDULE (Z.)

No. 1.Writ of Confirmation on Decree of Forfeiture in case of Feu Duties above Five Pounds.

No. 2.Writ of Resignation on Decree of Forfeiture in case of Feu Duties above Five Pounds.

SCHEDULE (AA.)

No. 1.Writ of Confirmation proceeding on a Decree of Forfeiture or Relinquishment.

No. 2.Writ of Resignation proceeding on a Decree of Forfeiture or Relinquishment.

No. 3.Writ of Clare constat proceeding on a Decree of Forfeiture or Relinquishment.

SCHEDULE (BB.)

No. 1.Form of Minute of Relinquishment of Superiority by Apparent Heir.

No. 2.Minute of Acceptance of above Relinquishment.

I accept Relinquishment in Terms of this Minute. [To be signed by the Petitioner, or his Counsel or Agent.]

No. 3.Decree of Lord Ordinary following on the above Minutes.

The Lord Ordinary interpones his Authority to the Minute of Relinquishment lodged by the Respondent, and decerns and declares the Right of Superiority thereby relinquished to be extinguished to the Effect of giving Right to the Petitioner and his Successors to hold the Lands and others described in the Petition, immediately of and under the Party who is Superior of the Feu now given up and extinguished, and by the Tenure and for the Reddendo by and for which the relinquished Feu was held, and decerns and appoints the Decree to be extracted hereon to be recorded in the Register of Sasines.

SCHEDULE (CC.)

No. 1.Deed of Relinquishment of Superiority.

No. 2.Acceptance by Vassal written on Deed of Relinquishment.

I, C.D., the immediate Vassal in the Lands described in this Deed, accept the Relinquishment of the Superiority of the said Lands. In witness whereof [insert a Testing Clause in the usual Form].

No. 3.Crown Writ of Investiture written on Deed of Relinquishment.

SCHEDULE (DD.)

Form of Minute excluding Executors in cm Heritable Security.

I, A.B., [here name and design the Creditor] hereby exclude Executors from the Bond and Disposition in Security [or other Security, here specify it by Date, &c, and if recorded in Register of Sasines specify the Date of such recording, or if followed by an Instrument so recorded specify the Date of recording such Instrument, and if the Security has not been completed by infeftment, here say, the within Bond and Disposition in Security (or Assignation, or other Deed or Conveyance thereof, as the Case may be)]. In witness whereof, &c. [insert Testing Clause in usual Form].

SCHEDULE (EE.)

Form of a Minute of Removal of the Exclusion of Executors in an Heritable Security.

I, A.B., [here name and design the Creditor,] hereby remove the Exclusion of Executors contained in [or endorsed on] the Bond and Disposition in Security [or Assignation, or otherwise, as the Case may be, specifying the same as in Schedule (DD.) or contained in the Minute of Exclusion of Executors (specify Date of Minute and of recording the same in the Register of Sasines)]. In witness whereof, &c. [insert a Testing Clause in usual Form].

SCHEDULE (FF.)

No. 1.Form of a Bond and Disposition in Security.

No. 2.Form of Schedule of Intimation, Requisition, and Protest.

No. 3.Certificate by Notary on Copy of foregoing Schedule.

I certify that what is above written is a true Copy.

(Signed) L.M., Notary Public.

SCHEDULE (GG.)

Form of Assignation of a Bond and Disposition in Security constituted by infeftment.

I, A.B., [name and design Cedent,] in consideration of the Sum of [insert Sum] now paid to me by C.D. [name and design Assignee], do hereby assign and dispone, to and in favour of C.D. and his Executors [or Heirs excluding Executors] and Assignees whomsoever a Bond and Disposition in Security, [or Heritable Bond, or other Security, as the Case may be,] dated the [insert the Date, and when recorded, add and recorded as after mentioned], for the Sum of [insert Sum] granted by E.F. [name and design Debtor] in my Favour, [or in favour of G.H., as the Case may be,] with Interest from the [insert Date], and also all and whole [describe or refer as in Schedule (E.) or Schedule (G.), as the Case may be, to the Lands] (a), all as specified and described in the said Bond and Disposition in Security and Instrument of Sasine thereon, [if the Bond is recorded omit the Words " and Instrument of Sasine thereon," ] recorded in the [here specify the Register of Sasines in which the Sasine or Bond is registered] on the [specify Date of Registration] (b). In witness whereof, &c, [insert a Testing Clause in usual Form].

(Signed) A.B.

G.H., Witness.

I.K., Witness.

NOTE.—

(a)

Where the Assignation is made under any Real Burdens, Conditions, Provisions, or Limitations, here insert or refer to them in or as nearly as the Circumstances of the Case may require in the Form of Schedule (D.)

(b)

If the Assignation is granted, not by the original Creditor in the Security, but by a Person to whom the Security has already been assigned, or in whom it has become vested by Succession or Diligence, the Conveyance will shortly narrate here the Title or Series of Titles by which the Grantor of the Conveyance has right to it.

SCHEDULE (HH.)

Form of Instrument in favour of an Assignee to an Heritable Security following on a Deed granted for further Purposes or Objects.

SCHEDULE (II.)

Form of Writ of Acknowledgment by a Person infeft in Lands, in favour of the Executors or Executor nominate, or of the Disponees or Disponee, Legatees or Legatee, or Heir of the Creditor in an Heritable Security affecting such Lands.

I, A.B. [insert Name and Designation of Grantor], hereby acknowledge C.D. [insert Name and Designation of Executors or Executor, or of Disponees or Disponee, Legatees or Legatee, or Heir, and where the Executors or Disponees, being more than One, are appointed to hold the Estate of the Deceased in Trust for the Purposes of the Testamentary or other Deed or Writing, and not wholly for their own beneficial Interest, here add, if desired by the Party, and not expressly precluded by the Terms of said Deed or Writing, and the Survivors or Survivor of them] as Executor [or Executors] nominated by E.F. [insert Name of Grantor of Testamentary Deed or other Writing] in his Will [or Trust Disposition and Settlement, or other Testamentary Deed or Writing], dated [insert Date], [or as Disponee of the Moveable Estate of the said deceased E.F., or as Legatee of the Bond and Disposition in Security after mentioned and Sums thereby secured, or otherwise in Terms of the Deed or Writing, or as the Case may be, specifying the Deed as above, or as Heir of the said deceased E.F., specifying the Relationship of the Heir where the Writ is granted to an Heir], to be in right of a Bond and Disposition in Security [or Heritable Bond, or as the Case may be] dated [insert Date, and, where recorded in Register of Sasines, add, and recorded as after mentioned], for the Sum of [insert Sum] granted by [insert Name and Designation of Debtor] in favour of [insert Name and Designation of the original Creditor, and in Cases where Executors are excluded insert the Destination at Length or refer to the recorded Minute of Exclusion], and Sasine thereon [or where the Bond and Disposition itself is recorded in the Register of Sasines, omit the Words " Sasine thereon "] recorded in the [specify the Register of Sasines in which the Sasine or Bond is recorded] on the [specify Date of Registration], over all and whole [describe or refer as in Schedule (E.) or Schedule (G) to the Lands], [if the Will or Settlement, &c. be granted in trust or for specific Purposes, add, but in trust always for the Uses and Purposes specified in said Deed or Writing, or as the Case may be. If the Person or Persons in whose Favour the Writ is granted is not the Executor, or are not the Executors, &c, of the original Creditor, here specify shortly the Title or Series of Titles by which the deceased acquired Right], In witness whereof [insert a Testing Clause in usual Form].

(Signed) A.B.

G. H., Witness.

I.K., Witness.

SCHEDULE (JJ.)

Form of Instrument in favour of an Executor or Heir of a Creditor who died intestate in right of an Heritable Security.

SCHEDULE (KK.)

Form of Instrument in favour of the Executors or Executor nominate, or of the Disponee or Legatee of a Creditor in right of an Heritable Security.

SCHEDULE (LL.)

Form of Instrument in favour of a Trustee on a sequestrated Estate, or of Liquidators of a Joint Stock Company in right of an Heritable Security.

SCHEDULE (MM.)

Form of Instrument on an unrecorded Bond and Disposition in Security, or unrecorded Assignation in favour of the Executor or Disponee, or Assignee, or Legatee, or Sew of the Creditor.

SCHEDULE (NN.)

Form of Discharge of Bond and Disposition in Security, &c.

I, A.B., in consideration of the Sum of [specify Sum] now paid to me by C.D., do hereby discharge a Bond and Disposition in Security [or other Security], dated [insert Date], and recorded [insert Date of recording if recorded, and Register of Sasines], for the Sum of [insert Sum], granted by [insert Name and Designation of Debtor], in favour of [insert Name and Designation of Grantee], and all Interest due thereon; and I declare to be redeemed and disburdened thereof, and of the infeftment following thereon all and whole [describe the Lands], all as specified and described in the said Bond and Disposition in Security, dated and recorded as aforesaid, [and if the same has been followed by Sasine, here omit the Words " and recorded," and add] and Instrument of Sasine thereon, as the same is recorded in the [specify the Register of Sasines in which the Sasine is recorded], on the [specify Date of Registration].* In witness whereof, &c. [here insert a Testing Clause in usual Form].

(Signed) A.B.

E.F., Witness.

G.H., Witness.

* If the Grantor of the Discharge is not the original Creditor, but one who has acquired Eight to the Security, specify shortly here the Title or Series of Titles by which the Grantor acquired such Right.

SCHEDULE (OO.)

Form of Deed of Restriction of an Heritable Security.

I, A.B., in consideration of the Sum of [or if no Price is paid for the Restriction, considering that C.D. (the Debtor) has requested me to release the Lands herein-after described (or referred to) from the Security herein-after specified, but without any Consideration having been paid to me therefor], do hereby declare to be redeemed and disburdened of the Security constituted by a Bond and Disposition in Security [or other Security], dated [insert Date], and recorded [insert Date of recording if recorded, and Register of Sasines], for the Sum of [insert Sum] granted by [insert Name and Designation of Debtor], in favour of [specify Name and Designation of Grantee], [and if the Bond has been followed by Sasine add] and Instrument of Sasine thereon, dated (insert Date, if any) and recorded [specify the Register and Date of Registration], all and whole [here describe the Lands to be disburdened], and I restrict the Security thereby constituted to the Lands and others contained in the said Bond and Disposition in Security other than those hereby disburdened. [If the Grantor of the Deed is not the original Creditor, but one who has acquired Right to the Security, here specify shortly the Title or Series of Titles by which the Grantor acquired such Right], In witness thereof, &c. [here insert a Testing Clause in usual Form.]

(Signed) A.B.

E.F., Witness.

G.H., Witness.

SCHEDULE (PP.)

Notice of Inhibition.

Notice of Letters of Inhibition [or, of Summons containing Inhibition, as the Case may be].—A.B. [insert Designation of the Inhibitor] against C.D. [insert Designation of the Inhibited].—Signeted [insert Date of signeting].

E.F., W.S. [or S.S.C.] Agent.

SCHEDULE (QQ.)

Form of Letters of Inhibition.

SCHEDULE (RR.)

Notice of Summons of Reduction, Adjudication, &c.

Notice of Summons of Reduction [or of Adjudication, or of Constitution an Adjudication, as the Case may be].—A.B. [insert Designation of Pursuer] against C.D. [insert Designation of Defender]. Signeted [insert Date of signeting].

E.F., W.S. [or S.S.C] Agent.

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