term's failure in payment of the said interest, at the terms above mentioned: And for the said C. D., and his foresaids, their further security, and more certain payment of the foresaid sums of money, and without hurt or prejudice to the said personal obligation, but in corroboration thereof, the said A. B., by said bond and Disposition in Security, sold, alienated, and disponed, to and in favour of the said C. D. and his heirs and assignees whomsoever, heritably but redeemably always, and under reversion in manner therein after mentioned, All and Whole (here insert the description of the Lands contained in the Bond). In virtue of which Bond and Disposition in Security, the said C. D. was duly infeft in the foresaid lands in security as above mentioned, conform to Instrument of Sasine in his favour, registered in the (specify Register of Sasines), on the (insert Date). To which Bond and Disposition in Security, and lands and others therein contained, and Sasine thereon, E. F. acquired right by (general or special service, as the case may be), as (specify character in which Heir was served), to the said C. D., dated the (insert Date of Service), before the (specify the Court before which the Heir has been served), and duly retoured to Chancery. Whereupon this Instrument is taken by the said E. F., in the hands of G. H. (Name and Designation of Notary Public), in the terms of the Act 8 and 9 Victoriæ, cap. 31, intituled, "An Act to facilitate the Transmission and Extinction of "Heritable Securities for Debt in Scotland." In witness whereof, &c. (here insert a Testing Clause in legal form). I. K., Witness. G. H., (Signed) Notary Public. L. M., Witness. 16. Notarial Instrument in favour of the Heir of a Creditor who has acquired Right to the Debt. Be it known, that, by Bond and Disposition in Security, dated the (insert Date), granted by A. B. (Name and Designation of Debtor), in favour of C. D. (Name and Designation of Original Creditor), the said A. B. bound and obliged himself, (insert the personal Obligation and Disposition of the Lands in Security, with the Description of them contained in the Bond, as in the preceding example). In virtue of which Bond and Disposition in Security the said C. D. was duly infeft in the foresaid Lands, in Security as above mentioned, conform to Instrument of Sasine in his favour, registered in the (specify Register of Sasines), on the (insert Date). To which Bond and Disposition in Security, and Lands and others therein contained, and Sasine thereon, E. F. acquired right by (general or special Service, as the case may be), as (specify cha racter in which Heir was served), to G. H. (Name and Designation of Ancestor), dated the (insert Date of Service), before the (specify the Court before which the Heir has been served), and duly retoured to Chancery. And the said G. H. had acquired Right to the said Debt by the following Titles, viz. 1. Writ of Acknowledgment by I. K. in favour of L. M., being (specify Relationship) to the said C. D., (Name of original Creditor), dated (insert Date), registered in the (specify the Register of Sasines in which the Writ of Acknowledgment is Registered), on the (specify Date of Registration), in terms of the Act 8 and 9 Victoriæ, cap. 31, intituled, "An Act to facilitate the Transmission and "Extinction of Heritable Securities for Debt in Scotland." 2. Assignation by the said L. M. in favour of the said G. H., dated (insert Date), registered in the (specify the Register of Sasines in which the Assignation is registered), on the (specify Date of Registration), in terms of the foresaid statute. Whereupon this Instrument is taken by the said E. F. in the hands of N. O. (Name and Designation of Notary Public), in terms of the Act 8 and 9 Victoriæ, cap. 31, intituled, " An Act to fa"cilitate the Transmission and Extinction of Heritable Securities for "Debt in Scotland." In witness whereof (here insert a Testing Clause in legal form). P. Q., Witness. R. S., Witness. (Signed) N. O., Notary Public. 17. Notarial Instrument in favour of the General Disponee of an Original Heritable Creditor. Be it known, that, by Bond and Disposition in Security, dated the (insert Date), granted by A. B. (Name and Designation of Debtor), in favour of the now deceased C. D. (Name and Designation of Creditor), the said A. B. bound and obliged himself (insert the personal Obligation and Disposition of the Lands in Security, with the Description of them contained in the Bond, as in No. 15). In virtue of which Bond and Disposition in Security the said C. D. was duly infeft in the foresaid Lands in Security as above mentioned, conform to Instrument of Sasine in his favour, Registered in the (specify Register of Sasines), on the (insert Date). To which Bond and Disposition in Security, and Lands and others therein contained, and Sasine thereon, E. F. acquired Right by General Trust-Disposition and Settlement executed in his favour by the said deceased C. D., dated the (insert Date). Whereupon this Instrument is taken by the said E. F., in the hands of G. H. (Name and Designation of Notary Public), in the terms of the Act 8 and 9 Vic toriæ, cap. 31, intituled, "An Act to facilitate the Transmission and Extinction of Heritable Securities for Debt in Scotland." In witness whereof (here insert a Testing Clause in legal form). I. K., Witness. L. M., Witness. (Signed) G. H., Notary Public. 18. Notarial Instrument in favour of the General Disponee of a Creditor who has acquired Right to the Debt. The Instrument will in this case be the same as the preceding, with the obvious differences arising from the Author of the General Disponee not being the original Creditor, but with the addition (immediately before the word "whereupon") of a Quæquidem, or Deduction of the Title or Series of Titles by which the Author acquired right to the Debt, as illustrated ante, No. 16. It is humbly thought that the Act should have required the Deduction of the Ancestor or Author's Title to be inserted before the specification of the Retour of the Heir's Service, or the Conveyance to the General Disponee, instead of the place pointed out in the Schedule. 19. Discharge of a Bond and Disposition in Security. 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, dated (insert Date), for the sum of (insert sum), granted by the said C. D. in my favour, and of 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, and Instrument of Sasine thereon, 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 a Testing Clause in legal form). A. B. (Signed) 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, as given supra, No. 10, &c. APPENDIX, No. IV. 1. Instrument of Sasine on a Feu-Charter. At there was, by or on behalf of A. B., presented to me, Notary Public subscribing, a Feu-Charter granted by C. D., and bearing date as in the Precept of Sasine and Testing Clause hereinafter inserted, by which Feu-Charter, the said C. D. sold, alienated, and in feu-farm disponed, to the said A. B., his heirs and assignees whomsoever, heritably and irredeemably, all and whole (here insert the description of the Subjects conveyed); which Feu-Charter contains an obligation to infeft de se, and a Precept of Sasine in the following terms:-(here insert the Precept, Testing Clause, and subscriptions of the Charter). In virtue of which Precept, I hereby give Sasine to the said A. B., of the lands and others above described. In witness whereof, I have subscribed these presents, written on this and the preceding pages, by E. F., (Name and Designation of the Writer of the Instrument), before these witnesses, G. H. and I. K. (Names and Designations of Witnesses.) At G. H., Witness. I. K., Witness. (Signed) L. M., Notary Public. 2. Instrument of Sasine on a Disposition. there was, by or on behalf of A. B., presented to me, Notary Public subscribing, a Disposition granted by C. D., and bearing date as in the Precept of Sasine and Testing Clause hereinafter inserted. By which Disposition the said C. D. sold, alienated, and dis poned, to the said A. B., and his heirs and assignees, heritably and irredeemably, all and whole, (here insert the description of the Subjects conveyed): Which disposition contains an obligation to infeft a se vel de se, and a Precept of Sasine in the following terms:-(here insert the Precept, Testing Clause, and Subscriptions). In virtue of which Precept, I hereby give Sasine to the said A. B., of the lands and others above described. In witness whereof, I have subscribed these presents, written on this and the preceding pages, by E. F. (Name and Designation of the Writer of the Instrument), before these witnesses, G. H. and I. K., (Names and Designations of Witnesses.) G. H., Witness. I. K., Witness. (Signed) L. M., Notary Public. 3. Instrument of Sasine in favour of a Wife on an Extract Registered At Contract of Marriage. there was, by or on behalf of A. B., presented to me, Notary Public subscribing, an Extract Registered Contract of Marriage, entered into between C. D. on the one part, and the said A. B. on the other part, bearing date as in the Precept of Sasine and Testing Clause hereinafter inserted, and registered (specify the Register in which the Contract has been recorded), on the (Date of Registration), whereby, for the causes therein specified, the said C. D. bound and obliged himself, and his heirs succeeding to him in the lands and estate therein disponed, and his successors whomsoever, to make payment to the said A. B., in case she should survive him, yearly and each year, during all the days of her life after his decease, of a free liferent annuity of L. exempted from all burdens and deductions whatsoever, and that at two terms in the year, Whitsunday and Martinmas, by equal portions, beginning the first term's payment thereof at the first term of Whitsunday or Martinmas after the decease of the said C. D., and so forth, half-yearly and termly thereafter, during the lifetime of the said A. B., with L. of liquidate penalty for each term's failure, in case of not punctual payment of the said annuity, and the due and legal interest of the said annuity from the respective terms of payment thereof, during the not-payment of the same. And for the said A. B., her farther security of the foresaid liferent annuity, the said C. D. bound and obliged himself, and his foresaids, upon their own proper charges and expenses, duly and validly to infeft and seise the said A. B., in all and whole a free liferent annuity of L. to be uplifted and taken at the terms, and with the penalties and interest, before specified, beginning the first term's pay |