Analysis of Heritable Securities Act and Infeftment Act: With an Appendix Containing the Acts and Practical Forms of the Writs and Instruments Thereby Introduced |
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Page 3
... disponee , who has made up no title to the heritable security , either under the former law , or by registered notarial instrument in terms of the New Sta- tute . CHAPTER IV . FORM OF THE ASSIGNATION UNDER THE ACT . The New Statute ...
... disponee , who has made up no title to the heritable security , either under the former law , or by registered notarial instrument in terms of the New Sta- tute . CHAPTER IV . FORM OF THE ASSIGNATION UNDER THE ACT . The New Statute ...
Page 7
... disponed and assigned , and the dis- position and assignation or conveyance had been followed by sasine , duly recorded , according to the present law and practice ; " and such assignee or disponee shall thereupon " be held to be fully ...
... disponed and assigned , and the dis- position and assignation or conveyance had been followed by sasine , duly recorded , according to the present law and practice ; " and such assignee or disponee shall thereupon " be held to be fully ...
Page 10
... disponee " in the title of the Schedule should have been delete , there being no power conferred by the Act to grant a writ of acknowledgment in favour of a disponee , although this was proposed in the original Bill . Does the ...
... disponee " in the title of the Schedule should have been delete , there being no power conferred by the Act to grant a writ of acknowledgment in favour of a disponee , although this was proposed in the original Bill . Does the ...
Page 13
... Disponee , " " dated the ( insert date ) , and sasine thereon , registered in been also " the ( specify register of sasines ) , on the ( insert date ) , granted by A. B. in favour of C. D. , the said A. B. bound and obliged himself ...
... Disponee , " " dated the ( insert date ) , and sasine thereon , registered in been also " the ( specify register of sasines ) , on the ( insert date ) , granted by A. B. in favour of C. D. , the said A. B. bound and obliged himself ...
Page 14
... disponee , state the date of the disposition “ in his favour ) ( a ) . Whereupon this Instrument is taken by the ... disponee of the original " creditor , but of one who has acquired right to the debt , " here specify shortly the title ...
... disponee , state the date of the disposition “ in his favour ) ( a ) . Whereupon this Instrument is taken by the ... disponee of the original " creditor , but of one who has acquired right to the debt , " here specify shortly the title ...
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Analysis of Heritable Securities ACT and Infeftment ACT: With an Appendix ... William Alexander No preview available - 2016 |
Common terms and phrases
A. B. Name acquired right Acts of Sederunt Assignation or Translation behalf of A. B. Bond and Disposition burgage C. D. Name Clause in legal constituted by infeftment Date of Registration dated insert Date dated the insert Debt in Scotland Deed Designation of Debtor Disponee Disposition and Assignation Disposition in Security expede Extinction of Heritable favour of C. D. favour of Heirs foresaid granted by E. F. Granter hereby give Sasine Heritable Bond heritable security insert a Testing insert Sum Instrument in favour Instrument of Sasine intituled legal form Martinmas ment Name and Designation Notarial Instrument Notary Public subscribing obligation to infeft original Creditor Paid Clerk extending Parliament of Scotland Precept of Sasine Register of Sasines Royal Burghs Sasine is registered Sasine thereon Schedule Securities for Debt Series of Titles specify Date specify the Register Statute sum of insert Testing Clause Transmission and Extinction whole describe witness whereof Writ of Acknowledgment
Popular passages
Page 38 - Parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows ; (that is to say), the word
Page 57 - Not-payment 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...
Page 38 - ... every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.
Page 47 - 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...
Page 45 - ... 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...
Page 38 - And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament.
Page 36 - Revenues," after due inquiry and consideration of an Act passed in the Session of Parliament held in the second and third years of the reign of His late Majesty King William the Fourth, intituled " An Act to enable the Dean and Chap" ter of Durham to appropriate part of the property of their " Church to the establishment of a University in connexion " therewith, for the advancement of learning...
Page 21 - Sasines in common Form, and shall, with all due Despatch, be fully registered in the Register Books, and thereafter re-delivered 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...
Page 68 - Right, fyc. before specified."] In witness whereof I have subscribed these Presents, written on this and the preceding Pages by GH, my Clerk, before these Witnesses, the said GH and JK, Accountant in Edinburgh.
Page 49 - Cedent], in consideration of the Sum of [insert Sum] now paid to me, do hereby assign, dispone, and convey to and in favour of CD [Name and Designation of...