14 & 15 GEORGE 5, CHAPTER 27. NOTE 7.-Where a deed, decree or heritable security is to be recorded along with a notice of title it should be docqueted as follows :-Docqueted with reference to notice of title in favour of A.B. recorded of even date herewith. Y.Z. (designation), SCHEDULE C. FORM NO. 1 (ss. 7, 24). ASSIGNATION OF AN UNRECORDED DISPOSITION. I, A.B. (designation) in consideration of the sum of (insert sum) paid to me by C.D. (designation) assign to the said C.D. the foregoing Disposition; With entry at (specify term or date of entry); And I grant warrandice. [To be attested.] FORM NO. 2 (s. 7). ASSIGNATION OF AN UNRECORDED BOND AND DISPOSITION IN SECURITY. I, A.B. (designation) in consideration of the sum of (insert sum) paid to me by C.D. (designation) assign to the said C.D. the foregoing Bond and Disposition in Security; With interest from (specify date). [To be attested.] NOTES TO SCHEDULE С. NOTE 1. If an assignation in terms of Forms Nos. 1 or 2 of this Schedule is not granted by the grantee of the deed thereby assigned, or by the grantee of the immediately preceding assignation endorsed thereon, add To which disposition (or bond and disposition in security) I acquired right by (here specify the writ or series of writs by which the granter acquired right from such grantee). NOTE 2. In adapting the above Forms to the case where an assignation is not endorsed on the deed assigned, substitute for the words the foregoing disposition (or the foregoing bond and disposition in security) the words a disposition [or a bond and disposition in security for the sum of (insert amount)] granted by E.F. (designation) in my favour dated (insert date) [or in favour of G.H. (designation) dated (insert date) along with assignation endorsed thereon (or a series of assignations endorsed thereon the last of which is) in my favour; or along with assignation endorsed thereon (or a series of assignations endors d thereon the last of which is) in favour of J.K. (designation) from whom I acquired right by (here specify the writ or series of writs by which the right was acquired)]. If recorded along with such separate assignation such disposition (or bond and disposition in security) and any separate assignation or assignations thereof other than the assignation last in date shall be docqueted as follows: Docqueted with reference to Assignation in favour of C.D. recorded of even date herewith. Y.Z. (designation), SCHEDULE D (s. 8). CLAUSE OF REFERENCE TO A DESCRIPTION OF LAND CONTAINED IN A All and whole the lands and others (or subjects) in the county of (or in the burgh of and county of as the case may be) described in (refer to the conveyance, deed, or instrument in such terms as shall be sufficient to identify it, and specify the Register of Sasines in which it is recorded and date CONVEYANCING (SCOTLAND) ACT, 1924. of recording, or where the conveyance, deed, or instrument referred to is recorded on the same date as the conveyance, deed, or instrument containing the reference substitute for the date of recording the words of even date with the recording of these presents) : NOTES TO SCHEDULE D. NOTE 1.-In referring to a Deed containing a particular description it shall be sufficient to give the names of the granter and grantee or of the parties thereto without adding their designations, and when there are several granters or grantees or several parties acting in the same category it shall be sufficient to give the name of the first mentioned person only with the addition of the words and others; and where the granter or granters or grantee or grantees, or the parties or one of the parties thereto acts or act in a fiduciary capacity it shall be sufficient to state such capacity without giving their individual name or names, e.g. : (a) Feu Charter granted by A.B. in favour of C.D., dated (insert date) and recorded in (specify Register of Sasines and give date of recording). (b) Disposition granted by C.D. and others in favour of E.F. and others, dated, &c. (as above). (c) Notarial Instrument (or Notice of title) in favour of the Trustee (or Trustees) of G.H. (or the Judicial Factor of J.K. or the Trustee on the Sequestrated Estates of L.M. or the Liquidator of the N.O. Company, Limited, or as the case may be) recorded in (specify Register of Sasines and date of recording). NOTE 2.-Where it is desired to insert a short description of the land or subjects, this may be done as follows:-All and whole that dwelling-house, number ten, Rosebery Crescent, Edinburgh (or the eastmost half-flat on the second storey of the tenement entering from number fifteen, Lothian Street, Edinburgh, or otherwise, as the case may be) in the county of Edinburgh, described in, &c. (as above). NOTE 3. If part only of the land or subjects described in a former recorded conveyance, deed, instrument, or notice of title is being conveyed or otherwise dealt with for the first time as a separate subject, such part should be described at length, adding being part of the lands and others (or subjects) in the county of in the burgh of and county of or described in, &c. (as above); described in, &c. (as above), or thus: All and Whole the lands and others (or subjects) in the county of or in the burgh of and county of with the exception of (describe the part excepted). NOTE 4. If several lands or subjects are described in the conveyance, deed, or instrument referred to, and it is intended to specify one or more of them, these may be distinguished from the others thus: All and Whole the lands and others (or subjects) first (or second and third) described in, &c. (as above, or otherwise, as the case may be). SCHEDULE E (s. 9). DEED OF ACKNOWLEDGMENT OF OMITTED CONDITIONS. I, A.B. (designation), hereby acknowledge that in my title to the lands after referred to, namely (specify it), there was an omission or failure to repeat or refer to the following conditions (or clauses; repeat or refer to them), and which conditions (or clauses) affect the lands in the county of and county of (or in the burgh of ), described at length (or by reference) in the said (specify the title or writing); And the said conditions (or clauses) are accordingly now referred to in terms of the Conveyancing (Scotland) Act, 1924. [To be attested.] 14 & 15 GEORGE 5, CHAPTER 27. SCHEDULE F (s. 10). Register on behalf of the within named A.B. [or on behalf of A.B. (designation)] in the Register of the County of G. [(or in the Registers of the Counties of G.H. and J.); or in the Register of the Burgh of K.; or in the Registers of the Burghs of K.L. and M.; or in the Registers of the County of G. (or the Counties of G.H. and J.) and the Burgh of K. (or the Burghs of K.L. and M.)] Α.Β. or C.D., W.S., Edinburgh, agent. or E. & F., W.S., Edinburgh, agents. (or as the case may be). NOTES TO SCHEDULE F. NOTE 1. In the case of a Warrant of Registration written on a deed which is to be recorded in the Register of Sasines in terms of a clause of direction, add after the first word Register" the words in terms of the clause of direction herein contained. 66 NOTE 2. In the case of a Warrant of Registration written on a deed which is to be recorded in the General Register of Sasines for preservation (or for preservation and execution) insert the words for preservation (or for preservation and execution) as well as for publication. NOTE 3. When the right of the person or persons on whose behalf a deed is to be recorded is a fiduciary one the name or names of the Trustee or other person or persons acting in a fiduciary capacity shall be inserted in the Warrant of Registration written on such deed, and may be followed by a short reference to the capacity in which he or they act, e.g., as Trustee (or Trustees or as the case may be) within mentioned, or, if desired, a fuller reference to such capacity may be given. NOTE 4. When a disposition or bond and disposition in security or other deed, decree or heritable security is to be recorded along with an assignation (or assignations) endorsed thereon, add at the end of the Warrant of Registration the words along with the assignation (or assignations) endorsed hereon. NOTE 5.-When a disposition or bond and disposition in security or other deed, decree or heritable security (with the assignation or assignations, if any, endorsed thereon) is to be recorded along with a separate assignation or separate assignations, or along with a notice of title, add at the end of the Warrant of Registration on such separate assignation or on the last in date of such separate assignations or on such notice of title, the words along with the disposition [or bond and disposition in security, or as the case may be; adding, if required, and assignation (or assignations)] docqueted with reference hereto. SCHEDULE G (s. 11). MINUTE OF CONSOLIDATION. I, A.B., designed in the foregoing disposition, proprietor both of the superiority and of the property (or of the mid-superiority) of the lands described in the foregoing disposition, hereby consolidate the property of the said lands (or the mid-superiority of the said lands) with the superiority thereof. [To be attested.] SCHEDULE H (ss. 13, 25). MEMORANDUM OF ALLOCATION OF FEU DUTY NOT ENDORSED ON A DEED. I, A.B. (designation), immediate lawful superior of the lands and others (or subjects) after-mentioned [with consent of C.D. (designation), heritable creditor under a bond and disposition in security, granted by me in his favour (or as the case may be) for CONVEYANCING (SCOTLAND) ACT, 1924. the sum of (insert amount), dated (insert date) and recorded in (specify Register of Sasines and date of recording)] hereby allocate the original feu-duty of (specify amount) and duplicand thereof [or additional feu-duty of (specify amount)] payable under the feu charter granted by me (or as the case may be) in favour of E.F. (designation), dated (insert date), and recorded in (specify Register of Sasines and date of recording) upon the following portions of the lands and others (or subjects) thereby disponed, namely (first) a feu-duty of £ with £ of augmentation, making a total of f and duplicand thereof (or as the case may be) on all and whole (describe or refer to a particular description) and (second) a feu-duty of (as above) on all and whole (describe or refer to a particular description). [To be attested.] SCHEDULE I (s. 18). DOCQUET WHERE GRANTER OF DEED IS BLIND OR CANNOT WRITE. Read over to, and signed by me for, and by authority of the above-named A.B. (without designation) who declares that he is blind (or is unable to write), all in his presence, and in presence of the witnesses hereto subscribing. C.D., law agent (or notary public) Edinburgh (or as the case may be) or E.F., justice of the peace for the county of or G.H., minister (or assistant and successor to the minister) of the NOTE. The above docquet shall be written on the last page of the deed, instrument or writing, and signed by the law agent or notary public or other person authorised to sign the same in the manner indicated in the form, and such law agent or notary public or other person shall not require also to sign above the docquet at the end of such deed, instrument or writing, and the prior pages thereof (if any) shall be authenticated in the usual manner by such law agent or notary public or other person adhibiting his own signature thereto. The witnesses to the signatures of such law agent or notary public or other person shall subscribe as indicated in the form, and may be designed in the testing clause of such deed, instrument or writing; but if there be no testing clause thereto, the designations of the witnesses may be added after their respective signatures, and if desired a specification of the place and date of signing may be added to the docquet. SCHEDULE J (s. 24). A lease (or tack) granted by E.F. (designation) in my favour [or in favour of G.H. (designation) or as the case may be] of the subjects therein described lying in the county of (or burgh of and county of ) dated (insert date) and recorded in (specify Register of Sasines and date of recording). NOTES TO SCHEDULE J. NOTE 1.-If the recording of a lease in the appropriate Register of Sasines has been effected by a successor of the original lessee, add immediately after the mention of the date thereof and along with notarial instrument (or notice of title) thereon in favour of (giving the name and designation of the person in whose favour it is conceived) recorded in (specify Register of Sasines and date of recording). NOTE 2.-Where any deed authorised by this Act relates to part only of the subjects contained in a lease add but in so far only as regards the following portion of the subjects leased, viz. (here describe the portion or refer to description thereof as in Schedule D hereto). 14 & 15 GEORGE 5, CHAPTER 27. NOTE 3.-Where the granter of an assignation of a recorded lease or of a bond and assignation in security of a recorded lease is not the original lessee but has a recorded title insert which lease (adding if necessary to the extent foresaid or as the case may be) is now vested in me, my title thereto being recorded in the said Register of Sasines (or as the case may be, and give date of recording). NOTE 4.-In an assignation or renunciation of a recorded lease the title of the granter of which assignation or renunciation is not recorded, and in a notice of title to a recorded lease, insert which lease (adding if necessary to the extent foresaid or as the case may be) was last vested in the said G.H. as aforesaid [or if G.H. is not the person having such title say in J.K. (design person having such title) whose title thereto is recorded in said Register of Sasines (or as the case may be, and give date of recording)], and from whom I (in the case of an assignation or renunciation) or the said A.B. (in the case of a notice of title) acquired right by (here specify shortly the writ or series of writs by which right was so acquired by the person granting the assignation or renunciation, or expeding the notice of title). NOTE 5.-Where a title to an unrecorded lease is being completed by notice of title under this Act the lease shall be referred to in manner above prescribed except that the Register of Sasines shall be specified, and for the date of recording of the lease there shall be substituted the words of even date herewith. SCHEDULE K. FORM NO. 1 (ss. 3, 28, 31). ASSIGNATION OF A BOND AND DISPOSITION IN SECURITY. I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation), hereby assign to the said C.D. a bond and disposition in security for the sum of (insert sum) granted by E.F. (design original debtor) in my favour [or in favour of G.H. (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); With interest from (insert date). [To be attested.] FORM NO. 2 (s. 23). ASSIGNATION OF A GROUND ANNUAL. I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation) hereby assign to the said C.D. a ground annual of (insert amount) exigible yearly at (state term or date 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 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); With right to the said ground annual (or ground annual and others) from and after (insert date). [To be attested.] |