« EelmineJätka »
sand eight hundred and forty-five it shall not be necessary proceed to the Lands in which Sasine is to be given, or to p form any Act of Infeftment thereon, but Sasine shall be effectua given therein and Infeftment obtained by producing to a Nots Public the Warrants of Sasine and relative Writs, as now in 1 to be produced at taking Infeftment, and by expeding and reco ing in the General Register of Sasines, or the Particular Regist of Sasines applicable to the Lands contained in the Warrant Infeftment, in manner herein-after directed, an Instrument Sasine, setting forth that Sasine had been given in the said Lan and subscribed by the said Notary Public and Witnesses, accor ing to the Form and as nearly as may be in the Terms of Schedu (B.) hereto annexed; and such Form of Infeftment shall 1 effectual, whether the Lands lie contiguous or discontiguous, are held by the same or by different Titles, or of One or mo Superiors, or whether the Deed entitling the Party to obtai Infeftment be dated prior or subsequent to the present Act, 1 whether the Precept of Sasine therein be in the Form heretofor in use, or in the Form authorized by the present Act.
II. And be it enacted, That from and after the said Fin Day of October every such Instrument of Sasine shall be recorde entered and re- in manner heretofore in use with regard to Instruments of Sasing and the Keepers of the Registers of Sasines are hereby required receive and register the same accordingly; and such Instrument Sasine, being so recorded, shall in all respects have the sami Effect as if Sasine had been taken and an Instrument of Sasin duly recorded according to the Law and Practice heretofore in use III. And be it enacted, That from and after the said First Day of October every such Instrument of Sasine may be compe tently and effectually recorded at any Time during the Life of the Party in whose Favour such Instrument has been expede, but the Date of Presentment and Entry set forth on any such Instru ment by the Keeper of the Record shall be taken to be the Date of the Instrument of Sasine and Infeftment.
May be recorded at any Time,
but Date of Presentment to be Date of Infeftment.
In case of Error or Defect, another Instrument may be recorded.
Forms of the
Chancery to be issued to Notaries upon Payment of Retour Duties and Casualties.
IV. And be it enacted, That in case of any Error or Defect in any such Instrument of Sasine, or in the recording thereof, it shall be competent of new to make and record an Instrument of Sasine, which shall have Effect from the Date of the recording thereof, as if no previous Instrument or Instruments had been made or recorded.
V. And be it enacted, That in all Deeds containing a Precept of Sasine such Precept may be in the Form and as nearly as may be in the Terms of the Schedule (A.) hereto annexed, and the Instrument of Sasine on any such Deed shall be in the Form and as nearly as may be in the Terms of the said Schedule (B.) hereto annexed, which Precepts and Instruments of Sasine respectively shall be as valid and effectual as the Precepts and Instruments of Sasine heretofore in use.
VI. And be it enacted, That where Infeftment is to be completed under a Precept issuing from the Office of Chancery, which Precept has hitherto been directed to the Sheriff of the County in which the Lands or some Part thereof lie, such Precept shall, after the said First Day of October, be addressed to any Notary Public: Provided always, that such Precept shall be null and
void unless an Instrument of Sasine thereon be recorded in the General Register of Sasines, or the Register of Sasines applicable to the Lands therein contained, before the first Term of Whitsunday or Martinmas posterior to the Date of such Precept, without prejudice to a new Precept being issued as heretofore, and that before such Precept is issued from Chancery the Retour Duties and Casualties due to the Crown shall be paid to the proper Officer there, who shall account to the Exchequer for the same in like Manner as the Sheriffs were wont to do; and Fees to be paid the same Officer shall also receive at the same Time certain to Sheriffs and Fees on behalf of the Sheriffs, Sheriffs Substitute, and Sheriff for a limited Clerks of the Counties in which the Lands lie, and on which Period. Sasine would have been taken according to the Form heretofore in use, and to whom such Officer shall account for the same, in place of the Fees which they have heretofore been in use to receive, but such Fees shall be paid only during the Existence of the respective Interests of the present Sheriffs, Sheriffs Substitute, and Sheriff Clerks in their respective Offices; and the Lords of Council and Session are hereby authorized and required, by an Act or Acts of Sederunt, to regulate and determine the Amount of the Fees to be so received on behalf of each Sheriff, Sheriff Substitute, and Sheriff Clerk, having due Regard to the existing Interest of each.
VII. And whereas it is not hereby intended to make any Forms of * Alterations in the Law with regard to Instruments of Sasine Burgage Sa* and Instruments of Cognition, and Sasine of Subjects held sines to conBurgage, or by any similar Mode of Tenure known and effectual tinue as at prein Law, excepting as after specified;' be it enacted, That the Forms and Modes of Registration of these Instruments shall continue the same as at present, excepting only that the same shall be valid and effectual, if attested by the Town Clerk as a Notary, without the Addition of his Docquet, and by the Witnesses, and that the Delivery of Symbols may lawfully be given, either on the Ground of the Subjects as heretofore, or within the Council Chamber of the Burgh by Delivery of a Pen.
VIII. And be it enacted, That Instruments of Resignation ad Instruments of remanentiam shall be written in the same Form as at present, Resignation but it shall be unnecessary for the Notary Public to adhibit his long Docquet to such Instruments; and further, that all Resigna- regulated. tions ad remanentiam may be accepted by the Superior himself, or on his Behalf by his known Agent for the Time, or by any Person having a formal Commission for that Purpose.
IX. And whereas Instruments of Resignation in favorem, as Instruments of
separate Instruments intended merely to connect the Procuratory Resignation in with the Charter of Resignation, are now rarely used in Prac- favorem abo'tice, and are wholly unnecessary;' be it enacted, That from and after the said First Day of October the same shall be and are hereby abolished: Provided always, that the Deduction of Titles required by the Act of the Parliament of Scotland made in the Year One thousand six hundred and ninety-three, intituled Act anent Procuratories of Resignation and Precepts of Seisin, to be made in such Instruments, shall from and after the Date of this Act be made in the Charter of Resignation.
Interpretation of Act.
X. And be it enacted, That in the Construction of this Act th Words "Notary Public" shall be held to mean a Notary Publi in Scotland duly admitted and practising there; the Word "Deed shall be held to include any Warrant or Document upon whic Sasine may follow; and the Word "Lands," or the Words "Heri table Property," shall be held to include Houses, Fishings, Mills Minerals, Patronages, Teinds, and in general all Heritabl Subjects or Rights in which Infeftment may be taken; and al Words in the Singular Number shall be held to include Plurality of Persons or Things; and in general this Act shal be construed in the most liberal Manner, so as to accomplish th Objects thereby intended.
XI. And be it enacted, That this Act may be amended a repealed by any Act to be passed in the present Session a Parliament.
SCHEDULES referred to in the foregoing Act.
FORM OF PRECEPT OF SASINE.
Moreover I desire any Notary Public to whom these Presents may be presented to give to the said A. B. or his foresaid Sasine [or Life-rent Sasine, or Sasine in Life-rent and Fee respectively, as the Case may be,] of the Lands and others above disponed, [if the Deed be granted under the Burden of a Real Lien or Servitude, or any other Incumbrance, Condition, or Qualification of the Right, or under Redemption, then there will be added here, "but always under the Burden of the Real Lien," &c. (as the Case may be) before specified]. In witness whereof, &c. [here insert a Testing Clause in legal Form].
FORM OF INSTRUMENT OF SASINE.
AT there was, by or on behalf of A.B. of Z., Esquire, presented to me, Notary Public subscribing, a Disposition [or other Deed, or an Extract of a Deed (as the Case may be)], granted by C.D. of Y., Esquire, and bearing Date as in the Precept of Sasine herein-after inserted [here describe also any connecting Deed or Writ, or Extract thereof, in virtue of which the Sasine is to be given to A.B.] by which Disposition the said C.D. sold, alienated, and disponed to the said A.B. [or, to E.F. (as the Case may be)] and his Heirs and Assignees, here insert the Destination, if any,] heritably and irredeemably, [or redeemably, or in Life-rent, or otherwise (as the Case may be)], all and whole [here insert the Description of the Subjects conveyed; and if the Disposition by C.D. was not to A.B. himself, but is vested in him as Assignee, Heir, or Adjudger, or otherwise, in whole or in part, state the successive Transferences, and the Way in which he has Right thereto], which Disposition contains an Obligation to infeft [here state whether a se or de se, or both or either (as the Case may be),] and a Precept of Sasine in the following Terms [here insert the Precept, which may be either according to the Form at present in use, or according to the abbreviated Form
in Schedule (A.)], in virtue of which Precept I hereby give Sasine [or Life-rent Sasine, or Sasine in Life-rent and Fee respectively] to the said A.B. of the Lands and others above described. If the Precept of Sasine contains a Reference to a Real Burden, or to any Conditions or Qualifications of the Right, or to a Power of Redemption, then add, "but always under the Burden of the Real Right, &c. before specified."]
In witness whereof I have subscribed these Presents, written on this and the preceding Pages by G.H., my Clerk, before these Witnesses, the said G.H. and J.K., Accountant in Edinburgh. (Signed) L.M., Notary Public.
CA P. XXXVI.
An Act to continue for Five Years and to amend the Acts for authorizing a Composition for Assessed Taxes.
[21st July 1845.] WHEREAS, under and by virtue of several Acts of Parlia
ment, divers Persons have compounded for their Assessed Taxes in Great Britain for a certain Time limited by the said Acts respectively, and their Contracts of Composition have been from Time to Time renewed or continued for a further Term under and by virtue of several other Acts passed for that Purpose, and such Contracts will expire on the Fifth Day of April One thousand eight hundred and forty-six: And whereas it is expedient to relieve such Persons who have so compounded as aforesaid, as well as others who may be willing to compound under the Provisions of this Act, from an annual Assessment for a further Term herein limited:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Assessments made or to be made for the Year to Assessments end on the Fifth Day of April One thousand eight hundred and for the Year forty-six, under and by virtue of the several Acts now in force, in ending 5th April relation to such of the Duties of Assessed Taxes as may be sons compoundcomprised in any Composition to be entered into under this Act, ing under this shall severally be and remain to the same annual Amount in Act to remain respect of every Person who shall compound for the same under to the same this Act for the Term of Five Years, to be computed from the Amount for the said Fifth Day of April One thousand eight hundred and forty-six; Years; and and the several Compositions entered into under any former Act or Compositions Asts, and now in force, may, in respect of such of the said Duties under former as are herein enumerated and allowed to be compounded for, be Acts may be renewed under this Act for the like Term of Five Years, to be renewed for the computed as aforesaid, in the Manner and subject to the Terms, Conditions, and Exceptions herein prescribed; and every Contract Form of of Composition to be entered into or renewed under this Act Contract of may be made according to the Form set forth in the Schedule Composition. to this Act annexed, mutatis mutandis, or according to such other Form as the Commissioners of Stamps and Taxes shall provide
in that Behalf, and shall specify the Number of Servants, Carriages,
1846 on Per
Term of Five
Hire, not to be compounded for.
of Articles to
Horses, and other Articles of the Establishment upon which sucl
II. Provided always, and be it enacted, That no Composition shall be entered into or renewed under this Act in respect of any Carriage, Horse, or other Article kept for the Purpose of Trade or let or used for Hire, or assessed or charged upon Two or mon Persons jointly or in Partnership, nor for any Duties of Assesse Taxes other than the Duties on the following Articles forming the Establishment of the Person so compounding and retained employed, kept, and used for his own Use, and not for or to the Use, Benefit, or Profit of any other Person; (videlicet,) the Dutie on Servants mentioned in the Schedule marked (C.) No. 1. an be compounded No. 3. of Two several Acts passed respectively in the Forty-eightl and Fifty-second Years of the Reign of King George the Third and the reduced Duty granted by an Act of the Fifty-ninth Yea: of the Reign of King George the Third on Under Gamekeepers the Duties on Carriages mentioned in the Schedule marked (D. No. 1. and No. 2. of the said Acts respectively, and the severa reduced Duties granted by an Act of the First Year of the Reig of His late Majesty King William the Fourth upon Carriages with Four Wheels of less Diameter than Thirty Inches, and drawn by Ponies not exceeding Thirteen Hands in Height, and upon Car riages with Four Wheels and drawn by One Horse only; and als the Duties on Horses mentioned in the Schedules respectively marked (E.) No. 1. and (F.) No. 1. of the said respective Acts of the Forty-eighth and Fifty-second Years of King George the Third, whether such Horses are subject to the Rates mentioned in the said Acts, or to any reduced Duty by any subsequent Act; and the reduced Duty granted by Two several Acts passed respec tively in the Fifty-ninth Year of the Reign of King George the Third and the Fourth Year of the Reign of King George the Fourth, upon Horses not exceeding the Height of Thirteen Hands used for the Purpose of riding or drawing Carriages; and also the Duties on Race Horses granted by an Act passed in the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth; and the Duties on Dogs mentioned in the Schedule marked (G.) of the said respective Acts of the Forty-eighth and Fifty-second Years of King George the Third; and the Duties in respect of using or wearing Hair Powder mentioned in the Schedule marked (I.) of the said Act of the Forty-eighth Year of King George the Third; and also the Duties in respect of using or wearing Armorial Bearings or Ensigns mentioned in the Schedule marked (K.) of the said last-mentioned Act; and every such Composition which shall comprise any other Duty or Duties than the Duties herein-before enumerated, and allowed by this Act to be compounded for, shall be void and of no Effect in respect of such other Duties; and all such other Duties shall be assessed and charged according to the Laws in force relating to Assessments, notwithstanding any such Composition.
ed for the Year ending the
5th April 1846 may compound on the Amount
III. And be it enacted, That every Person, not having compounded under the said former Acts, who is or shall be duly assessed for the Year ending on the Fifth Day of April One thousand eight hundred and forty-six to the Duties chargeable under the Acts relating to Assessed Taxes, may compound for the