F VI. And be it enacted, That Assignations or Conveyances of Assignations Heritable Securities, constituted as aforesaid, may be registered or Conveyances at any Time; and all such Writings shall in competition be to be registered preferable according to the Date of the Registration thereof. at any Time. Scotland, the VII. And be it enacted, That in all Questions under an Act In all Questions passed by the Parliament of Scotland in the Year One thousand under the Bankix hundred and ninety-six, intituled Act for declaring Nottour rupt Acts in Bankrupt; and under an Act passed in the Fifty-fourth Year of Dates of the the Reign of His Majesty King George the Third, intituled An Registration Act for rendering the Payment of Creditors more equal and of Assignations, expeditious in Scotland; and under an Act passed in the Session &c. to be held of Parliament held in the Second and Third Years of the Reign of to be the Dates Her present Majesty, intituled An Act for regulating the Sequestration of the Estates of Bankrupts in Scotland; the Date of the Registration of all Assignations, 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. VIII. And be it enacted, 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 Form or as nearly as may be in the Terms set forth in the Schedule (No. 4.) hereto annexed, and by the Registration of such Discharge in the General Register of Sasines or the Particular or Burgh Register of Sasines as aforesaid. of the Instru ments. How any Bond or Disposition in Security may be renounced or discharged. IX. And be it enacted and declared, That nothing in this Act Parties may use contained shall prevent the Transmission or Extinction of Heritable present Forms. Securities in the Forms in use at the passing of this Act. Fees to be taken by existing Town Clerks of Royal Burghs X. 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 and Keepers of of the recording of Assignations or Conveyances of Heritable Registers Securities, Abbreviates of Adjudication, Writs of Acknowledg- during their anent in favour of Heirs, or Instruments taken in favour of Heirs respective and Disponees under this Act, as the same Town Clerks would Rights of before the passing of this Act have been legally entitled to exact Office, &c. or receive on their own Account, in respect of passing the Infeftments within Burgh, and preparing and recording the Instruments of Sasine and Resignation rendered unnecessary by such Assignations, Conveyances, Writs of Acknowledgment, Instruments, or Abbreviates of Adjudication as aforesaid; 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 each Assignation, Conveyance, Writing of Acknowledgment, Abbreviate of Adjudication, or Instrument aforesaid, registered under the Provisions of this Act, be entitled to the same Fees as such Keeper would have been Z 3 entitled Fees may be regulated by the Court of Ses sion. Interpretation lic:" "Creditor:" 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. XI. And be it enacted and declared, That nothing in this Act contained shall prevent the Court of Session from passing such Acts of Sederunt as the said Court may deem proper for regulating the aforesaid Registers, and the Fees to be paid to the several Keepers thereof, and having regard to the Nature and Extent of the Interests of such Keepers. XII. And be it enacted, That the following Words used in this Act and in the Schedules hereto annexed shall in the Construction thereof be interpreted as follows, except where the Nature of the Provision or the Context of the Act shall be repugnant to such "Notary Pub- Construction; (that is to say,) the Words "Notary Public" shall be held to mean a Notary Public in Scotland duly admitted and practising there; the Word "Creditor" shall extend to and include the Party in whose Favour the Heritable Security is granted, or who is in right thereof; the Word "Lands" shall include all Heritable Subjects or Real Estate over which the Security extends, and whereof Infeftment may be taken; every Word importing the Singular Number shall extend and be applied to several Persons as well as one Person, and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male. "Lands:" Number: Gender. Commencement of Act. Alteration of Act. XIII. And be it enacted, That this Act shall commence and take effect from and after the First Day of October in the present Year One thousand eight hundred and forty-five. XIV. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. SCHEDULES to which the foregoing Act refers. SCHEDULE (No. 1.) Form of Assignation of a Bond and Disposition in Security and I A. B. [Name and Designation of Cedent], in consideration of the Sum of [insert Sum] now paid to me, do hereby assign, dispone and convey to and in favour of C. D. [Name and Designation of Assignee], a Bond or Disposition in Security, dated the [insert the Date], for the Sum of [insert Sum], granted by E. F. (a) [Nami and Designation of Debtor] in my Favour, with Interest from the [insert Date], and also all and whole [describe the Lands], (' all as specified and described in the said Bond and Instrument of Sasine thereon, and registered in the [here specify the Register of Sasines in which the Sasine is registered], on the [specif or Note:-() If the Conveyance is granted not by the original Creditor in the Security, but by a Person to whom the Security has already been assigned. in whom it has become vested by Succession or Diligence, the Conveyance will shortly narrate the Title or Series of Titles by which the Granter of the Conveyance has Right to it. (b) Where the Assignation is made under any Qualification or Condition, such will be introduced after the Description of the Lands. Date Date of Registration]. In witness whereof, &c. [Here insert a Testing Clause in legal Form.] G.H., Witness. I.K., Witness. SCHEDULE (No. 2.) Form of Writ of Acknowledgment by a Person infeft of Lands in favour of the Heir or Disponee of the Creditor. IA.B. [insert Name and Designation of Granter] hereby acknowledge C.D. [insert Name and Designation of Creditor], being [specify Relationship], and thereby in right of a Bond and Disposition in Security, dated [insert Date], for the Sum of [insert Sum], granted by [insert Name and Designation of Debtor] in favour of [insert Name and Designation of Creditor], and Sasine thereon, registered in the [specify the Register of Sasines in which the Sasine is registered] on the [specify Date of Registration], over all and whole [describe the Lands]. In witness whereof, &c. [Here insert a Testing Clause in legal Form.] E. F., Witness. G.H., Witness. SCHEDULE (No. 3.) (Signed) A. B. Form of Instrument in favour of an Heir of a Creditor. Be it known that, by Bond and Disposition in Security, dated the [insert Date], and Sasine thereon, registered in 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 [insert the personal Obligation and Disposition of the Lands in Security, with the Description of them contained in the Bond], 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 [if the Party be a Disponee, state the Date of the Disposition in his Favour]. (3) 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 Victoria, 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]. J.K., Witness. L. M., Witness. (Signed) G.H. Notary Public. Note ().-If the Person in whose Favour the Instrument is taken is not the Heir or Disponce of the original Creditor, but of one who has acquired Right to the Debt, here specify shortly the Title or Series of Titles by which the Ancestor of the Heir or Author of the Disponee acquired such Right. SCHEDULE (No. 4.) Form of Discharge of 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, dated [insert Date], in security for the Sum of [insert Sum] granted 4 G. 4. c. 64. 5 G. 4. c. 85. 6 G. 4. c. 40. by [insert Name and Designation of Debtor], in favour of [specify Name and Designation of Grantee], and of all Interest due thereon; (b) 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.] E.F., (Signed) A.B. Note (b).—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. CA P. XXXII. An Act to alter and amend the Laws enabling Justices of 6 WHEREAS by an Act passed in the Fourth Year of the Reign of His Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws relating to the 'building, repairing, and regulating of certain Gaols and Houses of Correction in England and Wales, Justices of the Peace in Quarter Sessions assembled were authorized, under the Restric 'tions therein mentioned, from Time to Time to borrow and take up on Mortgage of the Rate of any County such Sum of Money and for such Purposes as therein mentioned, and to secure every such Sum of Money so borrowed upon the Credit of the "said Rate: And whereas by an Act passed in the Fifth Year of the Reign of His said Majesty King George the Fourth, 'intituled An Act for amending an Act of the last Session of 'Parliament relating to the building, repairing, and enlarging of certain Gaols and Houses of Correction; and the procuring Information as to the State of all other Gaols and Houses of Correction in England and Wales, the Justices of the Peace 'assembled at any General or Quarter Sessions to be holden for any County were authorized, in certain Cases, and under the Restrictions therein mentioned, to borrow on Mortgage of the Rate of such County any Sum or Sums of Money not exceeding in the whole the Principal Sum of Money that might then be outstanding on the Securities theretofore granted under the said 'first-recited Act, and therewith to discharge the whole or any Part of the Money for which such Securities should have been given And whereas by an Act passed in the Sixth Year of the Reign of His said Majesty King George the Fourth, intituled An Act to enable Justices of the Peace in England, in certain • Cases, to borrow Money on Mortgage of the Rate of the County, Riding, or Place for which such Justices shall be then acting. the Justices of the Peace assembled at any General or Quarter • Sessions 4 • Sessions to be holden for any County were authorized, in certain • Cases, and under the Restrictions therein mentioned, to borrow ' on Mortgage of the Rate of such County any Sum or Sums of Money not exceeding in the whole the Principal Sum of Money that might then be outstanding on the Securities theretofore granted under the Provisions of the said recited Acts of the Fourth and Fifth Years of the Reign of His said Majesty King George the Fourth, or of either of them, or under the Provisions of an Act passed in the Forty-eighth Year of the Reign of His Majesty King George the Third, intituled An Act for the better 48 G. 3. c. 96. Care and Maintenance of Lunatics, being Paupers or Criminals, in England, or under the Provisions of any other Act or Acts, ' and therewith to pay off and discharge the whole or any Part of the Money for which such Securities should have been given; and by the same now reciting Act some of the Restrictions imposed by the said herein-before recited Acts upon the Power thereby given to borrow Money on Mortgage of the Rate of any 'County as aforesaid were repealed: And whereas by an Act passed in the Seventh Year of the Reign of His said Majesty 6 6 King George the Fourth, intituled An Act to provide for repairing, 7 G. 4. c. 65. improving, and rebuilding Shire Halls, County Halls, and other Buildings for holding the Assizes and Grand Sessions, and also Judge's Lodgings, throughout England and Wales, the Justices ' of the Peace in Quarter Sessions assembled were authorized, ' under the Restrictions therein mentioned, from Time to Time to 'borrow and take up on Mortgage of the Rate of any County 'such Sum of Money and for such Purposes as therein mentioned, ' and to secure every such Sum of Money so borrowed upon the 'Credit of the said Rates; and by the now reciting Act the said ' recited Act of the Sixth Year of the Reign of His said Majesty King George the Fourth, and the several Clauses, Powers, and Provisions therein contained relating to the paying off of any 'Debt or Debts, and the borrowing of any Money for such Pur'poses, were made applicable to the paying off any Money 'borrowed under the Provisions or for the Purposes of the now reciting Act: And whereas by an Act passed in the Ninth Year of the Reign of His said Majesty King George the Fourth, 'intituled An Act to amend the Laws for the Erection and 9 G. 4. c. 40. Regulation of County Lunatic Asylums, and more effectually to provide for the Care and Maintenance of Pauper and Criminal Lunatics, in England, the Justices of the Peace within the respective Limits of their Commission, assembled in their Quarter Sessions, were authorized, under the Restrictions therein mentioned, from Time to Time to borrow and take up on Mortgage of the Rates for any County such Sum of Money and for 'such Purposes as therein mentioned, and to secure all and every 'such Sum and Sums of Money so borrowed upon the Credit of the Rates to be raised upon such County respectively: And whereas by an Act passed in the Session of Parliament holden in the Fourth and Fifth Years of the Reign of Her present Majesty, intituled An Act to provide for repairing, improving, 4 & 5 Vict. c.49. and rebuilding County Bridges, the Justices of the Peace in Quarter Sessions assembled were authorized, under the Restric 'tions therein mentioned, from Time to Time to borrow and take 'up |