CONVEYANCING (SCOTLAND) ACT, 1924.

which such extract of any recorded deed falls to be recorded, to engross such deed or extract in the register at length, but the keeper of such Register of Sasines may in place of such engrossment enter in the register a short memorandum specifying the deed or extract and the book and folio in which the same is already engrossed, and in the case of an extract of a deed the principal of which has already been recorded in the appropriate Register of Sasines the book and folio in which the principal is already engrossed, and such memorandum shall have the same effect as if the deed or extract were engrossed in the register at length in place of such memorandum.

48. DUPLICATE PLANS MAY BE RETAINED WITH REGISTER.-Where any writ which refers to a plan signed as relative thereto is presented or transmitted by post for registration in the General Register of Sasines it shall be competent to ingive to the said register along therewith a duplicate of such plan, docqueted with reference to the said writ and authenticated in the same manner as the principal plan, and such duplicate plan shall be retained in the said register. The ingiving of such duplicate plan shall be noted in the register, and acknowledgment of the receipt thereof shall be marked by the keeper of the register on the plan signed as relative to the writ.

Along with each register volume transmitted to the Keeper of the Records for custody there shall be sent the duplicate plans, if any, relative to any of the writs engrossed in such volume.

Such duplicate plans when transmitted to the Keeper of the Records shall remain in his custody, subject to the same rights on the part of the public to have access thereto as apply to the Record Volumes.

49. SAVING CLAUSE.-(1) Nothing in this Act contained shall affect any action now in dependence or that shall be instituted before the commencement of this Act, or shall prevent the constitution, transmission, completion, or extinction of land rights or securities affecting and in the forms which were in use for these purposes prior to the passing of this Act, except in so far as such prior forms are hereby expressly repealed.

(2) Nothing in this Act contained shall affect the preparation of the printed minutes and printed indexes of persons and places applicable to each county in Scotland, and the Keeper of the General Register of Sasines shall supply as full information in the printed minute books as hitherto according to the existing law and practice.

SCHEDULES.

SCHEDULE A.

FORM No. 1 (s. 3).

CLAUSE OF DEDUCTION OF TITLE IN A DISPOSITION OF LAND WHERE
THE GRANTER IS NOT INFEFT.

[To be inserted immediately after the clause specifying the date or term of entry or after the dispositive clause where no date or term of entry is specified.]

Which lands and others (or subjects) were last vested [or are part of the lands and others (or subjects) last vested] in A.B. (designation of person last infeft), whose title thereto is recorded in (specify Register of Sasines and date of recording, or if the last infeftment has already been mentioned say in the said A.B. as aforesaid), and from whom I acquired right by (here specify shortly the writ or series of writs by which right was so acquired).

NOTE TO FORM No. 1 OF SCHEDULE A.

If any conditions, reservations, provisions, obligations, servitudes or other burdens which affect the land or any part thereof or qualify the granter's right thereto be contained in or imposed by the writ or any of the writs by which the

14 & 15 GEORGE 5, CHAPTER 27.

granter acquired right and are proper to be inserted, insert the same at length in the dispositive clause, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amounts thereof and the name and designation or designative description of the creditor therein, all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others.

FORM No. 2 (s. 15).

CLAUSE TRANSMITTING PERSONAL OBLIGATION IN A HERITABLE
SECURITY IN A DISPOSITION OF LAND.

I, A.B. (designation), in consideration of (specify any part of price paid in money) and in consideration also of C.D. (designation) undertaking as by his signature hereto he undertakes the personal obligation contained in a bond and disposition in security for the sum of (insert amount) granted by me [or by E.F. (original debtor)] in favour of G.H. (original creditor), dated (insert date), and recorded in (specify Register of Sasines and date of recording) do hereby dispone, &c.

SCHEDULE B.

NOTICE OF TITLE.

FORM No. 1 (s. 4 (1)).

ON BEHALF OF A PERSON WHO HAS RIGHT TO LAND BY A TITLE WHICH HAS NOT BEEN RECORDED IN THE APPROPRIATE REGISTER OF SASINES AND WHICH IS NOT TO BE RECORDED ALONG WITH THE NOTICE OF TITLE.

Be it known that A.B. (designation) has right as proprietor (or life-renter or proprietor in trust or otherwise, as the case may be) to all and whole [here describe the land or refer to description thereof as in Schedule D to this Act or as in Schedule G to the Titles to Land Consolidation (Scotland) Act, 1868; and if there are any conditions, reservations, provisions, obligations, servitudes, or other burdens which affect the land or any part thereof and have entered the record and are proper to be inserted or referred to, here insert the same at length or refer thereto as in Schedule H to the Conveyancing (Scotland) Act, 1874, and if any such conditions and others which affect the land or any part thereof or qualify A.B.'s right thereto be contained in or imposed by the writ or any of the writs by which A.B. acquired right and are proper to be inserted, here insert the same at length, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amount thereof and the name and designation or designative description of the creditor therein all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others]; Which lands and others (or subjects) were last vested [or are part of the lands and others (or subjects) last vested] in C.D. (design person last infeft), whose title thereto was recorded in (specify Register of Sasines and date of recording, or if the last infeftment has already been mentioned say in the said C.D. as aforesaid), and from whom the said A.B. acquired right by (here specify shortly the writ or series of writs by which he acquired right); Which last recorded title and subsequent writ (or writs) have been presented to me, Y.Z. (designation), Notary Public (or Law Agent).

[To be attested.]

Y.Z.

CONVEYANCING (SCOTLAND) ACT, 1924.

FORM No. 2 (s. 4 (2)).

ON BEHALF OF A PERSON WHO HAS RIGHT TO LAND CONVEYED BY AN UNRECORDED SPECIAL CONVEYANCE WHICH IS TO BE RECORDED ALONG WITH THE NOTICE OF TITLE.

Be it known that A.B. (designation) has right as proprietor (or life-renter or proprietor in trust or otherwise, as the case may be) to all and whole the lands and others (or subjects) disponed by (or contained in) the disposition (or feu charter or other special conveyance) granted by C.D. (designation) in favour of E.F. (designation) dated (insert date), and recorded in (specify Register of Sasines) of even date herewith [if any conditions, reservations, provisions, obligations, servitudes or other burdens affecting the land or any part thereof or qualifying A.B.'s right thereto be contained in or imposed by the writ or any of the writs by which A.B. acquired right other than such special conveyance and are proper to be inserted, here insert the same at length, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amount thereof and the name and designation or designative description of the creditor therein, all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others]; To which lands and others (or subjects) the said A.B. acquired right by the foresaid disposition (or as the case may be) and by (here specify shortly the subsequent writ or series of writs by which he acquired right); Which disposition and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule).

[To be attested.]

FORM No. 3 (s. 4 (3)).

ON BEHALF OF A PERSON WHO HAS RIGHT TO A RECORDED HERITABLE SECURITY BY A TITLE WHICH HAS NOT BEEN RECORDED IN THE APPROPRIATE REGISTER OF SASINES AND WHICH IS NOT TO BE RECORDED ALONG WITH THE NOTICE OF TITLE.

Be it known that A.B. (designation) has right (adding if such be the case to the extent aftermentioned) to a bond and disposition in security (or as the case may be) for the sum of (insert amount) granted by C.D. (design original debtor) in favour of E.F. (design original creditor), dated (insert date) and recorded in [specify Register of Sasines and date of recording; adding, if necessary, but only to the extent of (insert sum) of principal]; Which bond and disposition in security was last vested in the said E.F. as aforesaid [or if E.F. is not the person last infeft therein, or holding the last recorded title thereto, say Which bond and disposition in security (adding, if necessary, to the extent foresaid or as the case may be) was last vested in G.H. (design person holding the last recorded title thereto), whose title thereto was recorded in said Register of Sasines (or as the case may be, and give date of recording)], and from whom the said A.B. acquired right (adding, if necessary, to the extent foresaid, or as the case may be), by (here specify shortly the writ or series of writs by which he acquired right); Which last recorded title and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule).

[To be attested.]

FORM No. 4. (s. 4 (3)).

ON BEHALF OF A PERSON WHO HAS RIGHT TO A GROUND ANNUAL WHICH HAS APPEARED IN THE APPROPRIATE REGISTER OF SASINES BY A TITLE WHICH HAS NOT BEEN RECORDED THEREIN, AND WHICH IS NOT TO BE RECORDED ALONG WITH THE NOTICE OF TITLE.

Be it known that A.B. (designation) has right (adding if such be the case to the extent aftermentioned) to the ground annual of (insert amount) exigible yearly at

14 & 15 GEORGE 5, CHAPTER 27.

(state term or ww of payment) in each year [or in equal portions half-yearly at (state terms or dates of payment) in each year or otherwise as the case may be; and if there be any duplications or other casual payments add, with duplication every nineteenth year, or otherwise as the case may be, from and after (state the term or date from which the current duplication or other casual payment is running)] constituted by a contract of ground annual (or other deed by which the ground annual was constituted, giving the names and designations of the parties thereto or of the granter and grantee) recorded in [specify Register of Sasines and date of recording; and if any duplications or other casual payments have been redeemed and commuted into an additional annual payment say and also to the additional ground annual of (insert sum) exigible at the same term (or date) in each year (or as the case may be) in lieu and commutation of casual payments; adding if necessary but only to the extent of (insert sum or respective sums)] payable out of All and Whole (here describe the land or refer to description thereof as in Schedule D to this Act or as in Schedule G to the Titles to Land Consolidation (Scotland) Act, 1868); Which ground annual was (or which ground annual and others were) last vested (adding if necessary to the extent foresaid or as the case may be) in C.D. (design person having the only or last recorded title), whose title thereto was recorded in (specify Register of Sasines and date of recording; or if the only or last recorded title has already been mentioned say in the said C.D. as aforesaid), and from whom the said A.B. acquired right (adding if necessary to the extent foresaid or as the case may be) by (here specify shortly the writ or series of writs by which he acquired right); Which last recorded title and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule).

[To be attested.]

FORM No. 5 (s. 4 (4)).

ON BEHALF OF A PERSON WHO HAS RIGHT TO AN UNRECORDED HERITABLE SECURITY WHICH IS TO BE RECORDED ALONG WITH THE NOTICE OF TITLE.

Be it known that A.B. (designation) has right (adding if such be the case to the extent aftermentioned) to a bond and disposition in security (or as the case may be) for the sum of (insert amount) granted by C.D. (designation) in favour of E.F. (designation) dated (insert date), and recorded in (specify Register of Sasines) of even date herewith [adding if necessary but only to the extent of (insert sum) of principal]; To which bond and disposition in security (adding if necessary to the extent foresaid or as the case may be) the said A.B. acquired right by (here specify shortly the writ or series of writs by which he acquired right); Which bond and disposition in Security (or as the case may be) and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule).

[To be attested.]

FORM No. 6 (s. 4 (4)).

ON BEHALF OF A PERSON WHO HAS RIGHT TO A GROUND ANNUAL CONSTITUTED BY A DEED THE RECORDING OF WHICH IN THE APPROPRIATE REGISTER OF SASINES ON BEHALF OF THE ORIGINAL CREDITOR WOULD HAVE INFEFT HIM THEREIN AND IN THE LANDS OUT OF WHICH IT IS PAYABLE, OR EITHER, BUT WHICH HAS NOT BEEN SO RECORDED, AND WHICH IS TO BE RECORDED ALONG WITH THE NOTICE OF TITLE.

Be it known that A.B. (designation) has right (adding if such be the case to the extent aftermentioned) to a ground annual of (insert amount, and if there be any duplications or other casual payments add with duplication every nineteenth year, or as the case may be) payable under a contract of ground annual (or other deed by which the ground annual was constituted, giving the names and designations of the parties thereto or of the granter and grantee) dated (insert date), and recorded in (specify Register of Sasines) of even date herewith [adding, if necessary, but only to the extent of

CONVEYANCING (SCOTLAND) ACT, 1924.

(insert sum or respective sums)]; To which ground annual (adding, if necessary, to the extent foresaid or as the case may be) the said A.B. acquired right by the foresaid contract of ground annual (or as the case may be) and by (here specify shortly the writ or series of writs by which he acquired right); Which contract of ground annual (or as the case may be) and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule).

[To be attested.]

NOTES TO SCHEDULE B (ss. 4 (2), (4), 24 (3)).

NOTE 1.-Where the description in the last infeftment is a particular description, the description in Form No. 1 of this Schedule should be by reference thereto, unless there is reason to the contrary.

NOTE 2.-In adapting Form No. 2 of this Schedule to the case of a person who has right to only a part of the land contained in an unrecorded conveyance, deed, or decree there shall be inserted immediately before the words "all and whole " a description of such part of the land, and the form may then proceed which lands and others (or subjects) are part of.

NOTE 3.-If the original infeftment upon a bond and disposition in security or other heritable security including a ground annual has been taken otherwise than by recording the same in the appropriate Register of Sasines add immediately after the mention of the date thereof and instrument of sasine (or notarial instrument, or if such be the case and along with notice of title) thereon (adding if such instrument or notice is not in favour of the original creditor the name and designation of the person in whose favour it is conceived) recorded in (specify Register of Sasines and date of recording).

NOTE 4. In adapting Forms Nos. 3 and 5 of this Schedule to real burdens for capital sums, there shall be subtituted for the specification of the bond and disposition in security the following: A real burden for the sum of (insert amount) payable to E.F. (designation) in terms of (specify the disposition or other deed under which the real burden was reserved or constituted, giving the names and designations of the granter and grantee, or of the parties thereto), dated (insert date) and recorded in (specify Register of Sasines and date of recording); and in specifying the writs by which A.B. acquired right to such real burden there shall in Form No. 5 be mentioned as the first of such writs the said disposition (or other deed as above), and the same shall along with the other writ or writs be presented to the Agent expeding the notice of title.

NOTE 5. In adapting Forms 2 and 5 of this Schedule to the case where the notice of title proceeds upon an unrecorded disposition, or an unrecorded bond and disposition in security, with an assignation or a series of assignations endorsed thereon in terms of section 7 of this Act, the same may be referred to in such notice of title as follows: a disposition [or a bond and disposition in security for the sum of (insert amount)] granted by C.D. (designation) in favour of E.F. (designation) dated (insert date) and along with an assignation endorsed thereon (or a series of assignations endorsed thereon the last of which is) in favour of G.H. (designation) recorded in (specify Register of Sasines) of even date herewith. In the clause specifying the writ or writs by which right was acquired by the person on whose behalf the notice of title is expede, the endorsed assignation or assignations need not be detailed, but may be referred to as the said assignation (or assignations) endorsed thereon.

NOTE 6.—Where in place of the principal titles or writs on which any notice of title bears to proceed there are presented to the agent expeding such notice extracts or office copies thereof, the statement in the notice as to the presentation of such titles or writs may be varied accordingly; but it shall be no objection to any notice of title that it states that the principal titles or writs were so presented although there were presented only extracts or office copies of such titles or writs.