14 & 15 GEORGE 5, CHAPTER 27.

the land of such security as at the date of such consignation to the extent of the amount so consigned. For the purposes of this section the creditor shall be the person appearing on the record as holding the last recorded title to the bond and disposition in security to be redeemed, or if such person be dead, the reputed substitute or person entitled to succeed thereto in terms of the bond or any recorded transmission thereof, notwithstanding any alteration of the succession not appearing on the Register of Sasines.

(2) The stamp duty chargeable on any such certificate granted by a law agent shall be the same as if it were granted by a notary public.

33. NOTICE CALLING UP BOND AND DISPOSITION IN SECURITY.-Without prejudice to his rights and remedies under the personal obligation the creditor in a bond and disposition in security, or any part thereof, whether dated before or after the commencement of this Act, may serve a notice calling up the same in or as nearly as may be in the terms of Form No. 1 of Schedule M to this Act. Such notice shall be given to the person infeft in the land disponed in security and appearing on the record as the proprietor, or if the person last infeft in the land or any part thereof be dead, then to the reputed substitute or person entitled to succeed to the same in terms of the last recorded title thereto, notwithstanding any alteration of the succession not appearing on the Register of Sasines. If the last proprietor was an incorporated company which has been removed from the Register of Joint Stock Companies or a person deceased who has left no heirs or whose heirs are unknown, notice shall be given to the Lord Advocate. Where the estates of the debtor have been sequestrated under the Bankruptcy (Scotland) Act, 1913 (3 & 4 Geo. 5, c. 20), or any Act thereby repealed, notice shall be given to the trustee in the sequestration (unless such trustee has been discharged) as well as to the bankrupt. If the proprietor be a body of trustees, it shall be sufficient if the notice is given to a majority of the trustees infeft in the land. There shall be no obligation on the creditor to give notice to any other person unless for the purpose of preserving recourse against such other person. Notice under this section shall cease to be effective for the purposes of a sale under the powers of a bond and disposition in security after a period of five years from the date of such notice if no exposure to sale of the land or any part thereof has followed thereon, or otherwise after five years from the date of the last exposure to sale of the land or part thereof following on such notice.

34. SERVICE OF NOTICE.-Notice under the immediately preceding section may be delivered to the person to whom it is desired to be given or sent by registered post to him at his last known address, or in the case of the Lord Advocate at the Crown Office, Edinburgh, and an acknowledgment signed by such person in or as nearly as may be in the terms of Form No. 2 of Schedule M to this Act, or a certificate in or as nearly as may be in the terms of Form No. 3 of that schedule, accompanied (if the notice has been posted) by the postal receipt, shall be sufficient evidence of the service of such notice, and if the address of the person to whom such notice is desired to be given is not known, or if the registered packet, containing such notice, is returned to the creditor or his law agent, with an intimation that the same could not be delivered, such notice shall be sent to the Keeper of the Record of Edictal Citations, General Register House, Edinburgh, and shall be equivalent to notice to such person, and an acknowledgment of receipt by the Keeper of the Record of Edictal Citations, on a copy of such notice, shall be sufficient evidence thereof. Such notice shall be deemed to be formal requisition for all purposes, including the purposes of the Heritable Securities (Scotland) Act, 1894; and if posted shall be held to be given on the next day after the day of posting.

35. POWER TO DISPENSE WITH OR SHORTEN INDUCIA.-It shall be competent to the person to whom such notice has been given, with the consent of the creditors, if any, holding securities ranking pari passu with or postponed to the security held by the creditor giving notice, to dispense with the whole or part of the period of notice by a minute written upon the said notice or upon a copy thereof, in or as nearly as may be in the terms of Form No. 2 of Schedule M to this Act.

CONVEYANCING (SCOTLAND) ACT, 1924.

36. ADVERTISEMENT. After the expiry of three months from the date of giving such notice, or the expiry of such shorter period as may have been agreed to under the immediately preceding section, the creditor, failing payment of the whole sums to which he is entitled, may advertise the land or any part thereof for sale by public roup.

37. CONTENTS OF ADVERTISEMENT.-Such advertisement shall specify shortly the land to be sold, and the day, hour, and place of sale, and the upset price or prices, and it shall not be necessary to state that the sale is proceeding under the powers contained in a bond and disposition in security.

38. PERIODS OF ADVERTISEMENT AND NEWSPAPERS. (1) The period of advertisement shall not be less than four consecutive weeks when the upset price or the cumulo upset prices of the land do not exceed one thousand pounds, and, when such price or cumulo prices exceed that amount, such period shall not be less than six consecutive weeks, in each case prior to the date of exposure to sale.

(2) During the period of advertisement such advertisement shall be inserted at least once a week in a daily newspaper published in Edinburgh or in Glasgow, and in every case in a newspaper circulating in the district in which the land or the chief part thereof is situated and published either in the county in which the land or part thereof lies, or in the next or a neighbouring county of Scotland: Provided that as regards land situated in the County of Midlothian due publication of the advertisement in one daily newspaper published in Edinburgh shall be sufficient, and that as regards land situated in the County of Lanark, due publication of the advertisement in one daily newspaper published in Glasgow shall be sufficient : Provided also that where the upset price, or the cumulo upset prices, of the land do not exceed one thousand pounds, it shall be sufficient if such advertisement be inserted at least twice a week in a newspaper circulating in the district in which the land or the chief part thereof is situated and published either in the county in which the land or part thereof lies or in the next or a neighbouring county of Scotland, or once a week in each of two such newspapers, or once a week in such newspaper and once a week in a Scottish daily newspaper circulating in the district, irrespective of the place of publication in Scotland of such daily newspaper.

(3) The date of exposure shall not be less than twenty-eight days if the upset price or the cumulo upset prices do not exceed one thousand pounds, and fortytwo days if the upset price or the cumulo upset prices exceed one thousand pounds, both from the date of the first insertion of the advertisement.

(4) The same provisions as to advertisement and place and date of exposure shall apply in the event of re-exposure, except that the period of advertisement shall not be less than three consecutive weeks, and that the date of exposure shall be not less than twenty-one days from the date of the first insertion of the advertisement.

(5) A copy of any such advertisement with a certificate by the publisher, printer, or editor of the newspaper in which the same is inserted, shall be sufficient evidence of such advertisement.

(6) For the purposes of this section, a week shall mean a period of seven consecutive days.

39. WHERE EXPOSURE TO SALE TO TAKE PLACE.-Any exposure to sale may take place in Edinburgh or Glasgow, or at any burgh within the meaning of the Town Councils (Scotland) Acts, 1900 to 1923, which is situated within the county in which the land, or the chief part thereof, lies, or which is nearest to such land, or the chief part thereof, whether within the same county or not.

40. EXPOSURE IN LOTS AND APPORTIONMENT OF FEU-DUTY.-The land, or any part thereof, may be exposed to sale, in whole or in lots, at such upset price or prices, and subject to such proportion of any existing feu-duty, ground-annual, stipend, valued rent or land tax, as the creditor may think proper, and, without prejudice to the rights of any third party, the creditor may, in selling the land in lots, provide that the proprietor for the time being of any lot shall be obliged to relieve the proprietor or proprietors of another lot or lots of the whole or such part of an existing

14 & 15 GEORGE 5, CHAPTER 27.

feu-duty and casualties, ground-annual, stipend or land tax, as the creditor may think proper, and for that purpose the creditor may create such obligation a real burden on such lot.

41. PURCHASERS PROTECTED.-(1) All proceedings under sections thirty-two to forty, inclusive, of this Act shall be valid and effectual notwithstanding that any person to whom premonition or notice requires to be given in terms of this Act may be in pupillarity or minority or subject to any legal incapacity, and any sale and disposition in implement thereof shall be as valid to the purchaser as if made by the proprietor of the land not being under disability, and any such disposition shall import an assignation to the purchaser of the warrandice contained or implied in the bond and disposition in security under which the land is sold, and also an obligation by the granter of the security to ratify, approve and confirm the sale and disposition.

(2) Where a disposition bears to be granted in exercise of the power of sale contained in a bond and disposition in security the title of the purchaser shall not be challengeable in the case of a disposition recorded before the commencement of this Act, after the lapse of five years from the commencement of this Act, and in the case of a disposition recorded after the commencement of this Act, after the lapse of five years from the date of such recording, on the ground that the debt had ceased to exist unless that fact appeared on the Register of Sasines or was known to the purchaser prior to payment of the price, or on the ground of want or defect of notice or advertisement, or that such power was otherwise improperly or irregularly exercised, but without prejudice to any claim of damages competent against the person exercising the power.

42. MODE OF DISBURDENING LAND SOLD UNDER POWER OF SALE IN HERITABLE SECURITY. (1) Where land is sold by a heritable creditor under the powers competent to creditors in heritable securities, and no surplus of the price remains for consignation in terms of section one hundred and twenty-two of the Titles to Land Consolidation (Scotland) Act, 1868, or where such surplus remains and the same has been consigned in bank in terms of the said section one hundred and twenty-two, it shall be competent to any law agent or notary public to execute a certificate to the effect that no surplus remains where such is the case, or where such surplus remains and has been so consigned in bank, to the effect that such consignation has taken place, which certificate shall be in or as nearly as may be in the terms of Schedule N to this Act, and the disposition by the creditor to the purchaser shall, along with such certificate, when recorded in the appropriate Register of Sasines, have the effect of completely disencumbering the land sold of all securities and diligences posterior to the security of such creditor, as well as of the security and diligence of such creditor himself, save and except when the security and diligence of such creditor and any prior securities and diligences shall be assigned by way of further collateral security to the purchaser.

(2) The stamp duty payable in respect of any certificate granted pursuant to this section, whether granted by a notary public or a law agent, shall be the same duty as is exigible in respect of a notarial certificate of no surplus.

43. ACT TO APPLY TO ALL HERITABLE SECURITIES.-The forms provided by this Act relative to bonds and dispositions in security or transactions incidental thereto, shall except as in this Act otherwise expressly provided apply, as nearly as may be, to all heritable securities, whether granted before or after the commencement of this Act, and deeds transmitting, discharging and restricting the same, and all notices of title completing a title thereto, except in so far as such provisions, enactments or forms may be inapplicable to the form or objects of such securities, and nothing in this Act contained shall prejudice or restrict the powers, rights, privileges and immunities of creditors in heritable securities, or of those deriving right from them, according to the present law and practice.

44. GENERAL REGISTER OF INHIBITIONS AND REGISTER OF ADJUDICATIONS TO BE COMBINED; LIMITATION OF EFFECT OF ENTRIES THEREIN.-(1) The General Register of Inhibitions and Interdictions and the Register of Adjudications shall be

CONVEYANCING (SCOTLAND) ACT, 1924.

combined, and the Keeper thereof shall keep only one register for inhibitions, interdictions, adjudications, reductions, and notices of litigiosity, and such register shall be called the Register of Inhibitions and Adjudications; and a reference in any public, general or local Act to the General Register of Inhibitions or the Register of Adjudications shall be deemed to mean and include such Register of Inhibitions and Adjudications.

(2) (a) No action whether raised before or after the commencement of this Act relating to land or to a lease or to a heritable security, shall be deemed to have had or shall have the effect of making such land, lease or heritable security litigious, unless and until a notice relative to such action in or as nearly as may be in the form of Schedule RR annexed to the Titles to Land Consolidation (Scotland) Act, 1868, shall have been or shall be registered in the Register of Inhibitions and Adjudications in the manner provided by section one hundred and fifty-nine of that Act.

(b) No decree in any action of adjudication of land or of a lease or of a heritable security, whether pronounced before or after the commencement of this Act, and no abbreviate of any such decree shall be deemed to have had or to have any effect in making such land, lease or heritable security litigious.

(3) (a) All inhibitions and all notices of litigiosity registered in terms of section one hundred and fifty-nine of the Titles to Land Consolidation (Scotland) Act, 1868, subsisting at the commencement of this Act shall prescribe and be of no effect on the lapse of five years after such commencement or at such earlier date as they would prescribe according to the present law and practice; and all inhibitions and notices of litigiosity which relate to land or to a lease or to a heritable security and which shall be first registered after the commencement of this Act, shall prescribe and be of no effect on the lapse of five years from the date on which the same shall respectively take effect: Provided that in no case shall litigiosity be pleadable or be founded on to any effect after the expiry of six months from and after final decree is pronounced in the action creating such litigiosity.

(b) From and after the commencement of this Act, interdiction whether judicial or voluntary, shall be incompetent, and any interdiction which is legally operative at such commencement shall remain legally operative for not longer than the period of five years thereafter.

(4) (a) The proviso contained in the first paragraph of section forty-four of the Bankruptcy (Scotland) Act, 1913, shall on the lapse of five years from and after the commencement of this Act apply to sequestrations awarded before the passing of that Act and still subsisting as well as to sequestrations awarded subsequent thereto, and as if the abbreviate of the petition and deliverance in any such sequestration awarded before the passing of that Act had been recorded at the date of the commencement of this Act.

(b) In the event of any land or lease or heritable security having been acquired by the bankrupt, or having descended or reverted, or come to him after the date of the sequestration, and before the bankrupt shall have obtained his discharge, and of such land or lease or heritable security having been declared to be vested in the trustee in terms of section one hundred and three of the Bankruptcy (Scotland) Act, 1856 (19 & 20 Vict. c. 79), or of section ninety-eight of the Bankruptcy (Scotland) Act, 1913, it shall be competent to the trustee, and he is hereby required within one month after such land or lease or heritable security shall have been declared to be vested in him, to record in the appropriate Register of Sasines with regard to such land or lease or heritable security, a memorandum in the form provided by the said section forty-four of the said Act of 1913, as amended by this Act, which memorandum being so recorded shall have the effect of a memorandum recorded in terms of the said section forty-four as amended as aforesaid: Provided always that all decrees obtained before the expiry of one year after the commencement of this Act, declaring any land or lease or heritable security to be vested in a trustee in bankruptcy shall, for the purposes of this section be deemed to have been dated within one month before the recording of such memorandum, if the same shall have been recorded within one year after the commencement of this Act.

14 & 15 GEORGE 5, CHAPTER 27.

(c) No deed, decree, instrument or writing granted or expede by a person whose estates have been sequestrated under the Bankruptcy (Scotland) Act, 1856, or the Bankruptcy (Scotland) Act, 1913, or the heirs, executors, successors or assignees of such person relative to any land or lease or heritable security belonging to such person at the date of such sequestration or subsequently acquired by him shall be challengeable or denied effect on the ground of such sequestration if such deed, decree, instrument or writing shall have been granted or expede, or shall come into operation at a date when the effect of recording the abbreviate provided for under section forty-four of the said Act of 1913, as amended by this Act, shall have expired in terms of the said section as amended as aforesaid, unless the trustee in such sequestration shall before the recording of such deed, decree, instrument or writing in the appropriate Register of Sasines have completed his title to such land, lease or heritable security by recording the same in such register: Provided always, in the case of sequestrations awarded under the Bankruptcy (Scotland) Act, 1856, that the provisions of this section shall not apply to any deed, decree, instrument or writing dated within five years after the commencement of this Act.

(5) The provisions of this section shall not affect the ranking of adjudgers inter se, or any real right obtained in virtue of a decree of adjudication, or in virtue of a decree pronounced in an action creating litigiosity, or by a trustee in bankruptcy, if such right has been completed by the recording in the appropriate Register of Sasines of any deed, decree, abbreviate, or instrument necessary to effect the completion of such right.

(6) Section one hundred and fifty-nine of the Titles to Land Consolidation (Scotland) Act, 1868, and sections sixteen and seventeen of the Land Registers (Scotland) Act, 1868, and section forty-four of the Bankruptcy (Scotland) Act, 1913, are hereby amended in accordance with this section, and section forty-two of the Conveyancing (Scotland) Act, 1874, and Schedule J thereto annexed, are hereby repealed.

45. PROVISION FOR TERMINATION OF PERPETUAL TRUSTS OF MOVEABLES.In any case where the provisions of section nine of the Trusts (Scotland) Act, 1921 (11 & 12 Geo. 5, c. 58), would apply to any deed, and to the right of any party thereunder if such deed had been dated after the thirty-first day of July, eighteen hundred and sixty-eight, the provisions of the said section shall, from and after the passing of this Act, apply to such deed and to the right of any party thereunder notwithstanding that the same be dated on or prior to the said thirty-first day of July, eighteen hundred and sixty-eight:

Provided that, in the application of the said provisions to the deeds to which this section refers and to the right of any party thereunder, the date of such deeds shall be deemed to be the date of the passing of this Act.

46. EXTRACT DECREE OF REDUCTION TO BE RECORDED.-In the case of the reduction of a deed, decree or instrument recorded in the Register of Sasines or forming a midcouple or link of title in a title recorded in the said register there shall be recorded in the said register either an extract of the decree of reduction of such deed, decree or instrument, or a title in which such extract decree forms a midcouple or link of title, and such decree of reduction shall not be pleadable against a third party who shall in bonâ fide onerously acquire right to the land, lease or heritable security contained in the deed, decree, or instrument reduced by such decree of reduction prior to an extract of such decree of reduction, or a title, in which it forms a midcouple or link of title, being recorded in the Register of Sasines.

47. RE-RECORDING OF DEEDS RELATIVE TO LEASEHOLD SUBJECTS.-Where in terms of the Registration of Leases (Scotland) Act, 1857, or of section twenty-four of this Act, any deed or extract shall have been recorded in the appropriate Register of Sasines, and where in terms of that Act or of the said section any such deed or extract shall fall to be recorded again, or where any extract from a competent register of any deed the principal of which has already been recorded in the appropriate Register of Sasines falls to be so recorded, it shall not be necessary for the keeper of the Register of Sasines in which such deed or extract falls to be recorded, or in