It appears uncertain whether the Statute applies to adjudications in implement, as well as to adjudications for payment, or in security of debt. The state of the title of the creditor, or of the heir of the creditor, in the heritable security, against whom the adjudication is led, requires particular attention. The words "vested as aforesaid," which occur in the clause, seemingly import-1st, That the heritable security adjudged must be one constituted by infeftment; and, 2dly, That the party against whom the adjudication is led must be fully vested in right of the security by infeftment and entry with the superior, or by a complete title, in terms of the New Act. This construction is corroborated, by the effect of registration in the Register of Sasines of the Abbreviate of Adjudication being declared the same, as if the adjudger "had been entered and infeft on a charter of adjudication," such charter being inoperative, unless the person against whom the adjudication was led, was the vassal of the superior granting the charter. 66 When the person against whom the adjudication is led has only a personal right to the heritable security adjudged from him, as the decreet of adjudication recorded in the Register of Abbreviates of Adjudications vests the personal right in the adjudger, without Charter and Sasine; there is, of course, no use in recording in the Register of Sasines under the New Act such a decreet. For example, where A. has right to an heritable security by disposition and assignation in his favour, without any infeftment having passed thereon, a decreet of adjudication, at the instance of B., of A.'s personal right, effectually attaches it, and enables the adjudger to complete his own title by infeftment proceeding on the open precept in the disposition and assignation in favour of A., and the decreet of adjudication against him at the instance of B. In short, where the right adjudged is effectually carried by the decreet without a Charter, the new Statute makes no change in the existing law. 2. Registration.-No time is specified in the Act within which the registration of the abbreviate of adjudication in the Register of Sasines must take place, but as an Adjudger cannot be infeft on a charter of adjudication in his favour, except during his lifetime, it may probably be necessary to record the abbreviate in the Register of Sasines during the Adjudger's lifetime. It is left doubtful whether the abbreviate must still be recorded in the register of abbreviates of adjudication, as well as in the register of sasines. The enactment of the 3d Clause of the Statute probably implies a mandate on the keepers of the registers of sasines to record abbreviates of adjudication, but such abbreviates are not enumerated in the 5th Clause of the Statute, prescribing the mode of registration of all the other writs and instruments the registration of which is required by the Act. CHAPTER IX. DISCHARGES OF SECURITIES. The New Statute has considerably abridged and simplified the deed necessary for discharging and renouncing an heritable security, and enacts (Clause 8), "That any bond "and disposition in security, completed by infeftment or "other heritable security, may be effectually renounced and discharged, in whole or in part, by a Discharge in the 66 66 form, or as nearly as may be, in the terms set forth in "the Schedule (No. 4.) hereto annexed, and by the Regis"tration of such Discharge in the General Register of Sasines, or the Particular or Burgh Register of Sasines as "aforesaid." 66 *The words "in Security," mediately 66 66 66 The Schedule is as follows: "Form of Discharge of Bond and Disposition in Security. 66 "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, dated (insert date), in security for the sum of (insert sum) granted by (insert name and designation of should im- "debtor), in favour of (specify name and designation of follow the grantee), and of all interest due thereon;()* and I declare word "Dis-to be redeemed and disburdened thereof, and of the Inposition." feftment following thereon, all and whole (describe the not be here “lands), all as specified and described in the said Bond and but imme-"Disposition in Security, and Instrument of Sasine thereon, fore the "as the same is registered in the (specify the Register of "Sasines in which the sasine is registered), on the (specify "date of registration). In witness whereof, &c. (here insert *The refer ence should diately Testing 66 a testing clause in legal form). "E. F., witness. (Signed) "A. B. "G. H., witness. "Note ().-If the granter of the Discharge is not the "original creditor, but one who has acquired right to the "debt, specify shortly, immediately before the testing clause "of the writing, the title, or series of titles, by which the granter acquired such right." 66 The title of the granter of the Discharge must be complete, either according to the New Statute, or the forms heretofore in use. CHAPTER X. MODE OF REGISTRATION OF WRITS, AND INSTRUMENTS The Statute enacts (§ 5), "That assignations and con 66 "veyances of heritable securities, writs of acknowledgment "in favour of heirs, or instruments taken in favour of heirs "or disponees, or discharges of heritable securities, pre"sented for registration in pursuance of this Act, shall be "forthwith shortly registered in the Minute-Books of the Register of Sasines, in common form, and shall, with all "due dispatch, be fully registered in the register books, "and thereafter redelivered to the parties, with certificates "of due registration thereon, which shall be probative of "such registration, such certificates specifying the date "of presentation, and the book and folio in which the engrossment has been made, and being subscribed by "the keeper of the register; and the date of entry in the "minute-book shall be held to be the date of registration; "and extracts of writings, registered in pursuance of this "Act, shall make faith in all cases, in like manner as the writings registered, except where the writings so regis“tered are offered to be improven. 66 66 No provision is made for the mode of Registration of Abbreviates of Adjudication. The Statute further enacts (§ 6), that "Assignations "or conveyances of heritable securities, constituted as "aforesaid, may be registered at any time; and all such "writings shall, in competition, be preferable according to "the date of the registration thereof." As already noticed, it is not specified whether writs of acknowledgment in favour of heirs, instruments taken in favour of heirs or disponees, abbreviates of decreets of adjudication, or discharges of heritable securities, may be registered at any time, and the competency of doing so is left doubtful; but another question may also arise, in consequence of the Act not declaring that these writs and instruments shall, as well as assignations or conveyances of heritable securities, be preferable in competition, according to the date of the registration thereof. CHAPTER XI. 66 QUESTIONS UNDER BANKRUPT ACTS. The Statute (§7) enacts, that, in all questions under the Act 1696, cap. 5, the 54th Geo. III., cap. 137, and the Act 2d and 3d Vic., cap. 41, "the date of the registration of all as"signations, conveyances, writs of acknowledgment, instruments, discharges, or other deeds, granted or taken in pursuance of this Act, shall be held to be the date of “such assignations, conveyances, writs of acknowledgment, "instruments, discharges, and deeds respectively, without "prejudice to their validity or invalidity in other respects." 66 CHAPTER XII. FEES. The fees of the existing Town-Clerks in Royal Burghs, and of other keepers of Registers of Sasines, are regulated by the New Statute (§ 10), and power reserved to the Court of Session to pass Acts of Sederunt for regulating the registers, and the fees to be paid to the several keepers. (§ 11.) CHAPTER XIII. INTERPRETATION OF WORDS. The construction and meaning of the words in the Act are regulated by a special clause (§ 12), which requires particular attention. |