19 & 20 Vict. c. 31.

Powers of the Commis

sioners continued until

Act of the Session holden in the Nineteenth and Twentieth Years of Her Majesty, Chapter Thirty-one: And whereas by the first-recited Act it was provided that the Powers thereby conferred on the Commissioners for the Purposes of that Act should be in force until the First Day of January One thousand eight hundred and fifty-seven, and that it 'should be lawful for Her Majesty, if She should think fit, by and with the Advice of Her Privy Council, to continue the 'same until the First Day of January One thousand eight hundred and fifty-eight, and no longer: And whereas Her Majesty, by and with the Advice of Her Privy Council, has ⚫ continued the said Powers until the First Day of January One 'thousand eight hundred and fifty-eight: And whereas it is expedient that the said Powers should be further continued, and that the said first-recited Act should be amended as herein-after mentioned: Be it 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, as follows:

I. The Powers conferred on the Commissioners by the firstrecited Act, as extended by the secondly-recited Act and this Act, shall continue until the First Day of July One thousand 1st July 1858. eight hundred and fifty-eight; and all Powers, which under the said recited Acts respectively might have been exercised by Colleges or other Bodies or Persons during the Continuance of the Powers of the Commissioners under the first-recited Act, shall continue and may be exercised until the said First Day of July One thousand eight hundred and fifty-eight.

The Foundation of Mr. John

II. It shall be lawful for the Commissioners under the said Act of the Seventeenth and Eighteenth Years of Her Majesty to frame such Ordinance or Ordinances as may appear to them expedient for consolidating the Foundation of John Michel Foundation of Esquire in the Queen's College in the said University with the

Michel may be consolidated with the Old

Queen's
College.

Foundation of Robert de Eglesfield, commonly called the Old Foundation, in the said College, and for vesting the Endowments, Lands, Advowsons, and Real and Personal Property vested in the Visitors of the said Foundation of John Michel, or otherwise held for the Benefit of such Foundation, in the Provost and Scholars of the said Queen's College, and for placing the Foundation so consolidated under the Visitorship of the Lord Archbishop of York, the present Visitor of the Old Foundation of the said Queen's College, and for providing for the Discharge of the Duties of the Visitors of the Foundation of John Michel as towards the existing Fellows, Scholars, and Exhibitioners of that Foundation, and for establishing in respect of such consolidated Foundation, and the Emoluments, Property, and Income thereof, any such Regulations as under the said Act might be established in respect of a College of One Foundation and the Property and Income and College Emoluments thereof; such Ordinance or Ordinances, if sanctioned and confirmed

confirmed as required in respect of the Ordinances framed by the Commissioners under Sections Twenty-eight and Twentynine of the same Act, shall take effect for the Purposes aforesaid in the same Manner as if it had been within the Powers vested in the Commissioners under the said Sections, and all the Provisions of the said Act and the Act amending the same applicable to Ordinances framed by the Commissioners under the said Act shall be applicable to such Ordinance or Ordinances as may be framed under the Powers of this Act.

Consent of

for Purchase

III. It shall be lawful for any College within the Univer- Power to sity from Time to Time, with Consent of the Visitor, to Colleges with appropriate and apply any Property, or the Income of any Visitor to apply Property, held by or in trust for the College, for the Purpose Property held that the same, or the Income thereof, may be applied in pur- of Advowsons chasing Advowsons for the Benefit of the College, to the for Benefit of Augmentation of the Endowment of Livings in the Patronage Colleges, &c. of the College to such Amount as may be by Law allowed, or towards the building of fit and suitable Parsonage Houses on any Livings in the Patronage of the College, or to the Foundation or Augmentation of Scholarships or Exhibitions or to other Purposes for the Advancement of Religion, Learning, and Education within the College; and in exercise of this Power the College may annex to any Living in the Patronage of the College (by way of Augmentation of the Endowment of such Living) any Tithe Rentcharge which may be vested in the College, or any Portion thereof, in consideration of the Appropriation to other Purposes of the College of a Part of the Trust Property or Income, not exceeding the Amount which the Visitor shall adjudge to be an adequate Consideration for the Tithe Rentcharge so to be annexed; provided that this Power shall not extend to Property or Income applicable to the Purchase of Advowsons for the Benefit of Scholars or Exhibitioners on any particular Foundation within a College.

"

visions of

17 & 18 Vict.

IV. The Lands Clauses Consolidation Act, 1845, except the Certain ProParts and Enactments of that Act with respect to the Purchase 8 & 9 Vict. c. 18. and taking of Lands otherwise than by Agreement, and with incorporated respect to the Recovery of Forfeitures, Penalties, and Costs, with this and with respect to Lands required by the Promoters of the Act and Undertaking, but which shall not be wanted for the Purposes c. 81. so far as thereof, shall be incorporated with and form Part of this Act relates to and of the Oxford University Act, 1854," so far as relates certain Lands. to Land within One Mile and a Half of Carfax in the City of Orford required for the Erection of any Buildings for the Extension of the Buildings of the said University or of any College or Hall therein, or for Purposes of Utility or Recreation relating to the said University or to any College or Hall therein, and as if the Corporate Name of the University or College, as the Case may be, had been inserted therein instead of the Expression "the Promoters of the Undertaking."

Long Leases, and Assignations thereof,

registerable in Register of Sasines.

Recorded

Leases effectual against singular Successors in the Lands let.

Assignations of recorded Leases.

CAP. XXVI.

An Act to provide for the Registration of Long Leases in Scotland, and Assignations thereof.

[10th August 1857.]

BE E it 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, as follows:

I. From and after the passing of this Act, it shall be lawful to record in the General Register of Sasines in Scotland, or in the particular Register of Sasines for the District in which the Lands and Heritages leased are situated, probative Leases, whether executed before or after the passing of this Act, for a Period of Thirty-one Years, and for any greater Number of Years that shall be stipulated, of Lands and Heritages in Scotland other than Lands and Heritages held by Burgage Tenure, and to record in the several Burgh Registers of Sasines probative Leases for the Period foresaid of Lands and Heritages within the Burgh for which such Register is kept, and held by Burgage Tenure, and to record respectively in the Register in which any such Leasc as aforesaid shall have been registered the Assignations, and Assignations in Security of such Lease, and Translations thereof, all herein-after mentioned.

II. Leases registerable under this Act, and valid and binding as in a Question with the Granters thereof, which shall have been duly recorded, as herein provided, at or subsequent to the Date of Entry therein stipulated, shall, by virtue of such Registration, be effectual against any singular Successor in the Lands and Heritages thereby let, whose Infeftment is posterior in Date to the Date of such Registration: Provided always, that, except for the Purposes of this Act, it shall not be necessary to record any such Lease as aforesaid, but that all such Leases which would, under the existing Law prior to the passing of this Act, have been valid and effectual against any such singular Successor as aforesaid, shall, though not recorded, be valid and effectual against such singular Successor, as well as against the Granters of the said Leases.

III. When any such Lease as aforesaid shall have been recorded as herein provided, it shall be lawful for the Party in Right of such Lease, and whose Right is recorded in Terms of this Act, but in accordance always with the Conditions and Stipulations of such Lease, and not otherwise, to assign the same, in whole or in part, by Assignation, in the Form as nearly as may be of the Schedule (A.) to this Act annexed; and the recording of such Assignation shall fully and effectually vest the Assignee with the Right of the Granter thereof in and to such Lease to the Extent assigned: Provided always, that such Assignation shall be without pre

judice to the Right of Hypothec, or other Rights of the Landlord.

IV. It shall be lawful for the Party in Right of any such Assignations in Security. Lease recorded as aforesaid, and whose Right thereto is recorded in Terms of this Act, but in accordance always with the Conditions and Stipulations of such Lease, and not otherwise, to assign the same, in whole or in part, in Security for the Payment of borrowed Money, or of Annuities, or of Provisions to Wives or Children, or in Security of Cash Credits or other legal Debt or Obligation, in the Form as near as may be of the Schedule (B.) to this Act annexed; and the recording of such Assignation in Security shall complete the Right thereunder; and such Assignation in Security so recorded shall constitute a Real Security over such Lease to the Extent assigned.

V. Where the Party in Right of any such Lease or Assig- Where Party nation in Security as aforesaid is not the original Lessee in presenting for such Lease, or the original Assignee in such Assignation in not original Registration Security, he shall, before presenting such Lease or Assignation Lessee or in Security for Registration, expede an Instrument, under the Assignee. Hand of a Notary Public, in the Form as nearly as may be of the Schedule (C.) to this Act anexed; and the Keeper of the Register, on such Notarial Instrument being produced to him, but not otherwise, shall thereupon record such Lease or Assignation in Security, together with the said Instrument.

Entry to

VI. All such Assignations in Security as aforesaid shall, Translation of when recorded, be transferable, in whole or in part, by Transla- Assignations in Security. tion, in the Form as nearly as may be of the Schedule (D.) to this Act annexed; and the recording of such Translation shall fully and effectually vest the Party in whose Favour it was granted with the Right of the Granter thereof in such Assignation in Security to the Extent assigned; and the Creditor's Creditor or Party in Right of such Assignation in Security, Possession in without Prejudice to the Exercise of any Power of Sale default of therein contained, shall be entitled, in default of Payment Payment. of the Capital Sum for which such Assignation in Security has been granted, or of a Term's Interest thereof, or of a Term's Annuity, for Six Months after such Capital Sum or Term's Interest or Annuity shall have fallen due, to apply to the Sheriff for a Warrant to enter on Possession of the Lands and Heritages leased; and the Sheriff, after Intimation to the Lessee for the Time being, and to the Landlord, shall, if he see Cause, grant such Warrant, which shall be a sufficient Title for such Creditor or Party to enter into Possession of such Lands and Heritages, and to uplift the Rents from any Sub-tenants therein, and to sub-let the same, as freely and to the like Effect as the Lessee might have done: Provided always, that no such Creditor or Party, unless and until he enter into Possession as aforesaid, shall be personally liable to the Landlord in any of the Obligations and Prestations of the Lease.

VII. It shall be competent for the Heir of any Party who Heir may comshall have died vested in Right of any such Lease or Assig- plete Title by

Writ of

Acknowledg

ment.

Heir or Dis

ponee may complete Title by recording Notarial

Instrument.

Where Assignee has died

without record

up Title.

nation in Security, recorded as aforesaid, to make up his Title thereto by a Writ of Acknowledgment from the Proprietor infeft in the Lands and Heritages leased by such Lease, or from the Party appearing on the Register as in absolute Right of such Lease of or over which such Assignation in Security has been granted, respectively, in the Form as nearly as may be of the Schedule (E.) to this Act annexed; and the recording of such Writ in the Register in which such Lease or Assignation in Security is registered shall complete the Title of such Heir to such Lease or Assignation in Security aforesaid: Provided always, that no Defect in the Title of the Proprietor or Party Granter of such Writ shall affect the Right or Title of such Heir.

VIII. It shall be competent to the Heir who shall have been served by general or special Service, or to the General Disponee of any Party who shall have died fully vested in Right of any such Lease or Assignation in Security, recorded as aforesaid, to expede a Notarial Instrument in the Form as nearly as may be of the Schedule (F.) to this Act annexed; and the recording of such Instrument in the Register in which such Lease is recorded shall complete the Title of such Heir or Disponee to such Lease or Assignation in Security.

IX. Where any Assignation, Assignation in Security, or Translation granted in pursuance of this Act shall not have ing Assignation, been registered as aforesaid in the Lifetime of the Grantee Mode of making in such Writ respectively, it shall be competent to the Heir or General Disponee of such Grantee to make up his Title by expeding an Instrument under the Hand of a Notary Public in the Form, as nearly as may be, of the Schedule (F.) to this Act annexed; and the Keeper of the Register, on such Notarial Instrument being presented to him, but not otherwise, shall thereupon record such Assignation, Assignation in Security, or Translation, together with the said Instrument.

Adjudgers to complete Right by recording Abbreviate.

Trustees on sequestrated Estate may be entered on Register.

Preferences

regulated by Date of recording

'Transfer.

X. When an Adjudication of any such Lease or Assignation in Security recorded as aforesaid shall have been obtained against the Party vested in the Right thereof respectively, or against the Heir of such Party, the recording of the Abbreviate of Adjudication in the Register in which the Lease is recorded shall complete the Right of the Adjudger to such Lease or Assignation in Security.

XI. It shall be lawful for the Trustee on the sequestrated Estate of any Party in Right of any such Lease or Assignation in Security as aforesaid to expede a Notarial Instrument in the Form as nearly as may be of the Schedule (F.) to this Act annexed; and the recording of such Instrument in the Register in which such Lease is recorded shall complete the Right of such Trustee to such Lease or Assignation in Security.

XII. All such Leases executed after the passing of this Act, and all Assignations, Assignations in Security of any such Lease recorded as aforesaid, and Translations thereof, and all Adjudications of such Leases recorded as aforesaid, or Assignations