Conditions, &c., before specified" or "referred to," as the Case G.H., Witness. I.K., Witness. (Motto.) L.M., Notary Public. Note.-The Notary will sign according to the present Practice, and the Witnesses will sign on the last Page only, and if the Instrument proceeds upon a Decree of Adjudication or of Sale the necessary Changes will be made on the above Form. CAP. L. An Act to facilitate the Constitution and Transmission this Act, and WHEREAS an Act was passed in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled 'An Act to facilitate the Transmission and Extinction of Heri- 8 & 9 Vict. c. S1. table Securities for Debt in Scotland, and it is expedient likewise to facilitate the Constitution of such Securities, and to render the same more effectual for the Recovery of Debt:' 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 from and after the After 30th Sept. Thirtieth Day of September One thousand eight hundred and 1847 Bonds and forty-seven it shall be lawful for any Person entitled to grant Security may be Dispositions in Bond and Disposition in Security in favour of his Creditors to granted in the grant the same in the Form or as nearly as may be in the Form Form of Scheof Schedule (A.) hereunto annexed; and the Registration of dule (A.) to such Bond and Disposition in Security in the General Register registered in of Sasines, or Particular Register of Sasines, or Burgh Register the Register of of Sasines, as the Tenure of the Lands embraced in the Secu- Sasines. rity may require, shall be as effectual and operative to all Intents and Purposes as if such Bond and Disposition in Security had contained, in the Case of Subjects held by the ordinary Tenures, an Obligation to infeft a me vel de me, Procuratory of Resignation, and Precept of Sasine, and in the Case of Burgage Subjects, an Obligation to infeft more Burgi, and a Procuratory of Resignation, all in the Words and Form now in use, and as if Sasine, or Resignation and Sasine, as the Case may be, had been duly made, accepted, and given thereon in favour of the original Creditor, and an Instrument of Sasine, or of Resignation and Sasine, as the Case may be, had been duly recorded of the Date of the Registration of the said Bond and Disposition in Security as aforesaid. Explanation of II. And be it enacted, That the Clause of Assignation of Rents to become due or payable shall be held to import an Assignation to Rents from and after the Term from which Interest on the Sum in the Bond commences to run in the fuller Form now generally in use, including therein a Power to the Creditor, on default in Payment, to enter into Possession of the Lands disponed in Security and uplift the Rents thereof, subject to accounting to the Debtor for any Balance of Rents actually recovered beyond what is necessary for Payment of the Creditor; and the Clause of Assignation of Writs shall be held to import an Assignation to Writs and Evidents to the same Effect as in the fuller Form now in use in a Bond and Disposition in Security with Power of Sale; and the Clause of Warrandice shall be held to import absolute Warrandice as regards the Lands and the Title Deeds thereof, and Warrandice from Fact and Deed as regards the Rents; and the Clause consenting to Registration for Preservation and Execution shall import a Consent to Registration and a Procuratory for Registration in the Books of Council and Session, or other Judge's Books competent for Preservation, and that Letters of Horning or Six Days Charge, and all other necessary Execution, may pass on a Decree to be interponed thereto; and the Clause consenting to Registration in the General or Particular or Burgh Register of Sasines shall entitle the Creditor to register the said Bond accordingly, either in the General Register of Sasines, or Particular Register of Sasines, or Burgh Register of Sasines, as the Tenure of the Lands embraced in the Security may require. III. And be it enacted, That the Clauses reserving Right of Redemption, and obliging the Granter to pay the Expences of and of Obliga- assigning or discharging the Security, and, on default in Payment, granting Power of Sale, shall be in all respects as valid, effectual, and operative as if it had been in such Bond and Disposition in Security specially provided and declared that the Lands and others thereby disponed should be redeemable by the Granter, his Heirs and Successors, from the Grantee and his Heirs and Successors, at the Term and Place of Payment, or at any Term of Whitsunday or Martinmas thereafter, upon Premonition of Three Months, to be made by the Granter or his foresaids to the Grantee or his foresaids, personally or at their Dwelling Places, if within Scotland, and if furth thereof at the Time then at the Office of the Keeper of the Record of Edictal Citations within the General Register House, Edinburgh, in presence of a Notary Public and Witnesses, and that by Payment to them of the whole Principal Sum payable under the Bond and Disposition in Security, Interest due thereon, and liquidated Expences and termly Failures corresponding thereto, if incurred, and in case of their Absence or Refusal to receive the same, by Consignation thereof, in one or other of the Banks in Scotland, incorporated by Act of Parliament or Royal Charter, having an Office or Branch at the Place of Payment, to be made furthcoming on the Peril of the Consigner, the Place of Redemption to be within the Office of such Bank or Branch Clauses reserving Right of Redemption, tion to pay Assignation or valid, &c. thereof; thereof; and as if it had been thereby further provided and declared that any Discharge and Renunciation, Disposition and Assignation, or other Deed necessary, to be granted by the Grantee or his foresaids, upon the Granter or his foresaids making Payment and redeeming as aforesaid, and also the recording thereof, should always be at the Expence of the Granter and his foresaids; and as if it had been thereby further provided and declared that if the Granter or his foresaids should fail to make Payment of the Sums that should be due by the personal Obligation contained in the said Bond and Disposition in Security within Three Months after a Demand of Payment intimated to the Granter or his foresaids, whether of full Age or in Pupillarity or Minority, or although subject to any legal Incapacity, personally, or at their Dwelling Places if within Scotland, or if furth thereof at the Office of the Keeper of the Record of Edictal Citations above mentioned, by a Notary Public and Witnesses, then and in that Case it should be lawful to and in the Power of the Grantee or his foresaids, immediately after the Expiration of the said Three Months, and without any other Intimation or Process at Law, to sell and dispose, in whole or in Lots, of the said Lands and others by public Roup, at Edinburgh or Glasgow, or at the Head Burgh of the County within which the said Lands and others, or the chief Part thereof, are situated, or at the Burgh or Town sending or contributing to send a Member to Parliament which, whether within or without the County, shall be nearest to such Lands, or the chief Part thereof, on previous Advertisement stating the Time and Place of Sale, and published Once weekly for at least Six Weeks subsequent to the Expiry of the said Three Months, in any Newspaper published in Edinburgh, and also in any Newspaper published in such County, or if there be no Newspaper published in such County, then in any Newspaper published in the next or a neighbouring County, the Grantee being always bound, upon Payment of the Price, to hold count and reckoning with the Granter or his foresaids for the same, after Deduction of the Principal Sum secured, Interest due thereon, and liquidated Penalties corresponding to both which may be incurred, and all Expences attending the Sale, and for that end to enter into Articles of Roup, grant Dispositions containing all usual and necessary Clauses, and in particular a Clause binding the Granter of the said Bond and Disposition in Security, and his Heirs, in absolute Warrandice of such Dispositions, and obliging him and them to corroborate and confirm. the same, and to grant all other Deeds and Securities requisite and necessary by the Laws of Scotland for rendering such Sale or Sales effectual, in the same Manner and as amply in every respect as the Granter could do himself; and as if it had been thereby further provided and declared that the said Proceedings should all be valid and effectual, whether the Debtor in the said Bond and Disposition in Security for the Time should be of full Age, or in Pupillarity or Minority, or although subject to any legal Incapacity, and that such Sale or Sales should be Kk 3 equally Conditions of may be omitted, if referred to as set forth in a equally good to the Purchaser or Purchasers as if the Granter himself had made them, and also that in carrying such Sale or Sales into execution it should be lawful to the Grantee and his foresaids to prorogate and adjourn the Day of Sale from Time to Time as they should think proper, previous Advertisement of such Adjournment being given in the Newspapers above mentioned Once weekly for at least Three Weeks; and as if the Granter had bound and obliged himself and his foresaids to ratify, approve of, and confirm any Sale or Sales that should be made in consequence thereof, and to grant absolute and irredeemable Dispositions of the Lands and others so to be sold to the Purchaser or Purchasers, their Heirs and Assignees, and to execute and deliver all other Deeds and Writings necessary for rendering their Rights complete. IV. And be it enacted, That in Bonds and Dispositions in Granter's Title Security to be granted in Terms of this Act it shall be lawful and competent, notwithstanding any Declaration to the contrary contained or to be contained in the Rights and Title Deeds of recorded Instru- the Lands embraced by the Security, instead of inserting at ment of Sasine. full Length any Conditions, Reservations, Restrictions, and Provisions under which such Lands and other Heritages are held, to make Reference to the same as set forth at full Length in the recorded Instrument, whether of Sasine or Resignation ad remanentiam, in which the same were first inserted, or any other recorded Instrument of Sasine, forming a Part of the Investiture of the Granter of such Security in the said Lands, and which shall contain such Conditions, Reservations, Restrictions, and Provisions at full Length, such recorded Instrument being described by the Name of the Person in whose Favour the same was expede, the Register of Sasines in which the same is recorded, and the Date of recording the same; and such Reference shall be, to all Intents, and in all Questions whatever, whether with the original Disponer or the Superior, or any other Party, as valid and effectual as if the same had been inserted at Length exactly as they may be expressed in such Instrument referred to. Bonds and Dispositions in Security, how to be registered in Register of Sasines. V. And be it enacted, That Bonds and Dispositions in Security presented for Registration in the Register of Sasines in pursuance of this Act shall be forthwith shortly registered in the Minute Books of the said Register 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 Ingrossment has been made, and being subscribed by the Keeper of the Register; and the Date of Entry in the Minute Book shall be held to be the Date of Registration; and Extracts of Writings registered in pursuance of this Act shall make faith in all Cases in like Manner as the Writings registered, except where the Writings so registered are offered to be improven. VI. And VI. And be it enacted, That Bonds and Dispositions in Bonds and DisSecurity to be granted as aforesaid may be registered in the positions in Security may Register of Sasines at any Time during the Lifetime of the be registered Grantee, and shall in competition be preferred according to the during Lifetime Date of the Registration thereof: Provided always, that if such of Grantee, and Title completed Bond and Disposition in Security has not been so registered in after his Death. the Lifetime of the Grantee, such Bond and Disposition shall be as full and sufficient Warrant of Sasine in favour of the Party having Right to the Bond by Service, Adjudication, or otherwise, as if it had been a Bond and Disposition including Precept of Sasine and other Clauses in the ordinary Form now in use; and Infeftment being passed upon the same in the Form or as nearly as may be in the Form prescribed by an Act passed in the Session of Parliament holden in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled An Act to 8&9 Vict. c. 35. simplify the Form and diminish the Expence of obtaining Infeftment in Heritable Property in Scotland, and duly recorded, shall be to all Intents and Purposes good and valid Infeftment in favour of the Party so infeft. Sale carried Terms of this VII. And be it enacted, That any Sale duly carried through in Terms of this Act shall be as valid and effectual to the Purchaser as if made by the Granter of the Security himself, and that whether the Granter shall have died before or after such to the PurSale, and without the Necessity of Confirmation by him or his chaser. Heirs, and notwithstanding that the Party Debtor in the Security and in right of the Lands at the Time shall be in Pupillarity or Minority or subject to any legal Incapacity: Provided always, that nothing herein contained shall be held to affect or prejudice the Obligation of the Granter and his Heirs to execute, or the Right of the Creditor or Purchaser to require the Granter and his Heirs to execute, any Deed or Deeds which, independently of this Enactment, would at Common Law be necessary for rendering the Sale effectual, or otherwise completing in due Form the Titles of such Purchaser. and reckon for same into the Bank. VIII. And be it enacted, That the Creditor, upon Receipt Creditors of the Price, shall be bound to hold count and reckoning selling to count therefor with the Debtor and postponed Creditor, if any such the Surplus of there be, and their Heirs and Assignees, or with any other the Price, and Party having Interest, and to consign the Surplus which may to consign the remain after deducting the Debt secured, with the Interest due thereon and Penalties incurred, and whole Expences attending such Sale, and after paying all previous Incumbrances and the Expence of discharging the same, in one or other of the said Banks, or in a Branch of any such Bank, in the joint Names of the Seller and Purchaser, for Behoof of the Party or Parties having best Right thereto; and the particular Bank in which such Consignation is to be made shall be specified in the Articles of Roup. IX. And be it enacted, That upon a Sale being carried On Sale and through in Terms of this Act, and upon Consignation of the Consignation of Surplus of the Price, if any be, as aforesaid, the Disposition by to be disencumSurplus, Lands the Creditor to the Purchaser shall have the Effect of com- bered of the Kk 4 pletely Security and |