Cap. 50. VI. And be it enacted, That Bonds and Dispositions in Bonds and DisSecurity to be granted as aforesaid may be registered in the positions in Security may Register of Sasines at any Time during the Lifetime of the be registered Grantee, and shall in competition be preferred according to the during Lifetime Date of the Registration thereof: Provided always, that if such of Grantee, and Title completed Bond and Disposition in Security has not been so registered in after his Death. the Lifetime of the Grantee, such Bond and Disposition shall be as full and sufficient Warrant of Sasine in favour of the Party having Right to the Bond by Service, Adjudication, or otherwise, as if it had been a Bond and Disposition including Precept of Sasine and other Clauses in the ordinary Form now in use; and Infeftment being passed upon the same in the Form or as nearly as may be in the Form prescribed by an Act passed in the Session of Parliament holden in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled An Act to 8&9Vict. c. 35. simplify the Form and diminish the Expence of obtaining Infeftment in Heritable Property in Scotland, and duly recorded, shall be to all Intents and Purposes good and valid Infeftment in favour of the Party so infeft.

Terms of this

VII. And be it enacted, That any Sale duly carried through Sale carried in Terms of this Act shall be as valid and effectual to the Pur- through in chaser as if made by the Granter of the Security himself, and Act to be valid that whether the Granter shall have died before or after such to the PurSale, and without the Necessity of Confirmation by him or his chaser. Heirs, and notwithstanding that the Party Debtor in the Security and in right of the Lands at the Time shall be in Pupillarity or Minority or subject to any legal Incapacity: Provided always, that nothing herein contained shall be held to affect or prejudice the Obligation of the Granter and his Heirs to execute, or the Right of the Creditor or Purchaser to require the Granter and his Heirs to execute, any Deed or Deeds which, independently of this Enactment, would at Common Law be necessary for rendering the Sale effectual, or otherwise completing in due Form the Titles of such Purchaser.

same into the

Bank.

VIII. And be it enacted, That the Creditor, upon Receipt Creditors of the Price, shall be bound to hold count and reckoning and reckon for selling to count therefor with the Debtor and postponed Creditor, if any such the Surplus of there be, and their Heirs and Assignees, or with any other the Price, and Party having Interest, and to consign the Surplus which may to consign the remain after deducting the Debt secured, with the Interest due thereon and Penalties incurred, and whole Expences attending such Sale, and after paying all previous Incumbrances and the Expence of discharging the same, in one or other of the said Banks, or in a Branch of any such Bank, in the joint Names of the Seller and Purchaser, for Behoof of the Party or Parties having best Right thereto; and the particular Bank in which such Consignation is to be made shall be specified in the Articles of Roup.

IX. And be it enacted, That upon a Sale being carried On Sale and through in Terms of this Act, and upon Consignation of the Consignation of Surplus of the Price, if any be, as aforesaid, the Disposition by to be disencumthe Creditor to the Purchaser shall have the Effect of com- bered of the

Kk 4

Surplus, Lands

pletely Security and

Diligence of

pletely disencumbering the Lands and others sold of all Secuthe Seller, &c. rities and Diligences posterior to the Security of such Creditor, as well as of the Security and Diligence of such Creditor himself.

The Act

8 & 9 Vict. c.51.

to apply to the Transmission

and Extinction

of Securities granted under this Act.

1

Fees to be

taken by exist Clerks of Royal

ing Town

Burghs and
Keepers of

Registers dur

ing their respective Rights of Office, &c.

Court of Ses

Acts of Sede

runt.

X. And be it enacted, That all the Provisions, Conditions, and Enactments contained in the said recited Act shall be held to apply to the Transmission and Extinction of Heritable Securities for Debt in Scotland, constituted in Terms of this Act: Provided always, that where, in the Assignations, Writs of Acknowledgment, Discharges, or other Instruments granted under the said recited Act, Reference is thereby directed to be made to the Instrument of Sasine on any Bond and Disposition in Security, it shall be sufficient, in the Case of a Bond and Disposition in Security granted under Authority of this Act, to make Reference to the Date of recording such Bond and Disposition in Security itself in the Register of Sasinės.}}

XI. And be it enacted, That nothing herein contained shall be construed to prevent the existing Town Clerks of Royal Burghs in Scotland, during the Existence of their respective Rights of Office, from exacting and receiving the same Fees, in respect of recording Bonds and Dispositions in Security under this Act, as the same Town Clerks would before the passing of this Act have been legally entitled to exact or receive on their own Account, in respect of passing the Infeftments within. Burgh and preparing and recording the Instruments of Sasine and Resignation on said Bonds and Dispositions in Security; provided always, that in computing the said Fees such Instruments of Sasine and Resignation shall not be computed as of greater Length than the Writings actually recorded whereby such Instruments of Sasine and Resignation have been rendered unnecessary; and all other Keepers of Registers of Sasine, during the Existence of their respective Rights of Office, or until otherwise regulated by Law, shall, upon the Registration by them of such Bonds and Dispositions in Security, be entitled to the same Fees as such Keeper would have been entitled to upon the Registration of an Instrument of Sasine of the same Length in favour of the same Party in reference to the same Right, and to no other or further Fee whatever.

XII. And be it enacted, That it shall be lawful to the Court sion may make of Session to pass such Acts of Sederunt as the said Court may deem proper for regulating the Register of Sasines, and the Fees to be paid to the several Keepers thereof for Registrations in virtue of this Act, and generally for carrying out the Purposes of this Act.

Existing Forms

of Security to be still competent.

Interpretation of Act.

XIII. And be it enacted, That nothing in this Act contained shall prevent the Establishment of Heritable Securities in the Forms in use, or which might be competently used, at the passing of this Act.

XIV. And be it enacted, That in construing this Act, except where the Nature of the Provision, or the Context of this Act, shall be repugnant to such Construction, the Word "Granter

"Granter" shall extend to and include the Granter's Heirs, Successors, and Representatives; and the Word "Debtor' shall include the Debtor's Heirs, Successors, and Representatives; and the Word "Creditor" shall extend to and include the Party in whose Favour the Bond and Disposition in Security is granted, and his Heirs and Assignees, or other Party acquiring Right to such Security; and the Word "Lands" shall include all other Heritable Subjects; and all Words used in the Singular Number shall be held to include several Persons or Things; and all Words importing the Masculine Gender shall extend and be applied to Females as well as Males.

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

SCHEDULE to which the foregoing Act refers.

SCHEDULE (A.)

I A. B. [here name and design the Granter] grant me to have instantly borrowed and received from C.D. [here name and design the Creditor] the Sum of [insert the Sum] Sterling; which Sum I bind myself and my Heirs, Executors, and Representatives whomsoever, without the Necessity of discussing them in their Order, to repay to the said C. D. or his Heirs and Assignees whomsoever, at the Term of [here insert the Date and Place of Payment], with a Fifth Part more of liquidate Penalty in case of Failure, and the legal Interest of the said Principal Sum from the Date hereof to the said Term of Payment, and half-yearly termly and proportionally thereafter during the Notpayment of the same, and that at Two Terms in the Year, Whitsunday and Martinmas, by equal Portions, beginning the First Term's Payment of the said Interest at the Term of next to come, for the Interest due preceding that Date, and the next Term's Payment thereof at

following, and so forth, half-yearly termly and proportionally thereafter during the Not-payment of the Principal Sum, with a Fifth Part more of the Interest due at each Term of liquidate Penalty in case of Failure in the punctual Payment thereof. And in Security of the personal Obligation before written, I dispone to and in favour of the said C.D. and his foresaids, heritably, but redeemably as after mentioned, yet irredeemably in the event of a Sale by virtue hereof, all and whole [here describe the Lands or other Heritages] (a) and that in Real Security to the said C.D. and his foresaids of the whole Sums of Money above written, Principal, Interest, and Penalties. And I assign the Rents; and I assign the Writs; and I grant Warrandice; and I reserve Power of Redemption; and I oblige myself for the Expences of assigning and discharging this Security; and on default in Payment I grant Power of Sale; and I consent to Registration for Preservation and Execution, and also

to Registration in the General or Particular [or Burgh, as the Case may be,] Register of Sasines. In witness whereof, &c. [add a Testing Clause].

(a) If the Lands are held under any Conditions, Reservations, Restrictions, and Provisions, say here," But with and under the whole Conditions, Reservations, Restrictions, and Provisions specified and contained in an Instrument of Sasine, or 'Resignation ad remanentiam,' in the said Lands and others, in favour of E.F., recorded in the [here mention the Register in which the Instrument is recorded], upon the Day of in the Year

6

CAP. LI.

An Act to amend the Practice in Scotland with regard to Crown Charters and Precepts from Chancery.

[25th June 1847.] WHEREAS it is expedient to amend the Mode presently in use in Scotland of obtaining Charters from Her Majesty and from the Prince and Steward of Scotland, and Precepts from Chancery for infefting Heirs:' May it therefore please Your Majesty that it may be enacted; and be it 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 AuthoSignatures and rity of the same, That from and after the First Day of October

Precepts to Chancery abolished.

Charters to be obtained by lodging a Draft thereof and Note along with the Title Deeds.

One thousand eight hundred and forty-seven the Practice of presenting and passing Signatures in Exchequer, and of thereon framing and issuing Precepts, as preliminary to the granting of Charters from Her Majesty or the Prince and Steward of Scotland, shall cease and determine; and it shall no longer be necessary, in order to the obtaining of any Charter, that such Signature shall be presented and passed, or such Precept be framed and issued; and all such Charters shall be obtained in the Manner directed by this Act, and not otherwise; and all Laws, Statutes, and Usages heretofore existing, inconsistent with or at variance with the Provisions of this Act, shall be and are hereby repealed.

.

II. And be it enacted, That any Person seeking to obtain a Charter from Her Majesty or from the Prince and Steward of Scotland shall lodge or cause to be lodged, in the Office of the Presenter of Signatures, a Draft of the proposed Charter, prepared by his Agent, being a Writer to the Signet, whose Signature shall be endorsed thereon, together with a short Note, in the Terms or to the Effect of the Schedule (A.) hereunto annexed, praying for a Charter in Terms of the said Draft; and the Date of lodging such Note shall be marked thereon by the Presenter of Signatures or his Clerk; and along with such Note and Draft there shall be lodged the last Crown Charter or Prince's Charter, or Retour or Decree of Service, and Precept from Chancery, of the Lands, and all the Title Deeds of the Lands subsequent thereto, together with Evidence of the

valued Rent when necessary, and an Inventory and Brief of the Titles according to the present Practice.

III. And be it enacted, That the Draft Charter so lodged Draft Charter shall be forthwith revised by the Presenter of Signatures, who to be revised. shall require the Attendance of the Agent of the Person applying for the Charter, for the Purpose of receiving his Explanations; and the Presenter of Signatures shall thereafter proceed with the Revision of the said Draft, making such Alterations and Corrections as are necessary, and he shall, after his final Revisal of such Draft, authenticate each Page thereof, and the several Alterations and Corrections thereon, if any, with his Initials, and shall mark on such Draft that the same has been revised by him, and also the Date when such Revisal was completed; and the Fees on Signatures presently payable to the Presenter of Signatures shall be chargeable on the Draft Charter to be lodged and revised as aforesaid, and all other Fees presently payable to the Officers of Exchequer on Signature shall cease and determine.

mer Titles.

IV. And be it enacted, That if it shall appear that any Rectification of Mistake has occurred in the Terms of the last Charter or Mistakes in forRetour or Decree of Service to the Prejudice of the Crown or Prince, the Person applying for the Charter shall farther, on Requisition made to him or his Agent to that Effect, by Order of the Presenter of Signatures, lodge the prior Title Deeds of the said Lands, and any other Title Deeds of and concerning the same, in so far as such Title Deeds may be in his Possession or at his Command, and in so far as the same may be necessary for the due Revisal of the said Draft on behalf of Her Majesty or the Prince, and the Rectification of such Mistake, which may be rectified accordingly; and on the other hand, if the Vassal shall allege any Mistake to have occurred in the Terms of the last Charter or Retour or Decree of Service to his Prejudice, the Person applying for the Charter shall be entitled, without such Requisition, to produce the prior Titles of the said Lands, and any other Title Deeds or other Deeds of and concerning the same, in so far as these may be necessary for the due Revisal of the said Draft and the Rectification of such Mistake, which may be rectified accordingly; but no such Rectification shall in either Case be allowed, nor the Draft be held as finally revised or authenticated as such, until the same shall have been reported by the Presenter of Signatures to and approved of by the Judges performing the Duties of the Court of Exchequer, in Terms of an Act passed in the Second and Third Years of the Reign of Her Majesty, for regulating the Duties to be performed in the Supreme Courts of Scotland, or One of the said Judges.

may refer to

V. Provided always, and be it enacted, That when the last Presenter of Charter or Retour or Decree of Service shall be withheld by the Signature, &c. Person applying as aforesaid, or cannot be so lodged from being Copy of Charin the Possession of the Proprietor of other Lands therein con- ter, &c. when tained, or from any other good Cause, it shall be competent for withheld. the Presenter of Signatures, or for the Person applying as

aforesaid,