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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... effect the recommendation of the Law Commissioners for Scotland , in regard to simplifying the Form , and diminishing the Ex- pense of Constituting , Transmitting , and Extinguishing Heritable Securities , have now so far been ...
... effect the recommendation of the Law Commissioners for Scotland , in regard to simplifying the Form , and diminishing the Ex- pense of Constituting , Transmitting , and Extinguishing Heritable Securities , have now so far been ...
Page 7
... Effect of Registration . - On the Assignation or Con- veyance , or the Notarial Instrument in favour of the as- signee being registered in the appropriate Register of Sa- sines , the Act enacts , that the heritable security shall be ...
... Effect of Registration . - On the Assignation or Con- veyance , or the Notarial Instrument in favour of the as- signee being registered in the appropriate Register of Sa- sines , the Act enacts , that the heritable security shall be ...
Page 8
... effect of entering the assignee as the immediate vassal of the granter of the security , with- out regard to any intermediate base rights created by dis- positions and assignations , and infeftments , under the former law and practice ...
... effect of entering the assignee as the immediate vassal of the granter of the security , with- out regard to any intermediate base rights created by dis- positions and assignations , and infeftments , under the former law and practice ...
Page 11
... Effect of Registration of Writ . - On the writ being duly registered , the heir in whose favour it has been granted is declared by the Statute , § 2 , " vested with the full right of " the creditor in such security , and shall be held ...
... Effect of Registration of Writ . - On the writ being duly registered , the heir in whose favour it has been granted is declared by the Statute , § 2 , " vested with the full right of " the creditor in such security , and shall be held ...
Page 15
... Effect of Registration . The Registration of the No- tarial Instrument in favour of the heir , is declared to have the same effect as the Registration of a Writ of Acknow- ledgment in his favour ; and reference is made to the fore ...
... Effect of Registration . The Registration of the No- tarial Instrument in favour of the heir , is declared to have the same effect as the Registration of a Writ of Acknow- ledgment in his favour ; and reference is made to the fore ...
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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...