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CONVEYANCING (SCOTLAND) ACT, 1924.

FORM NO. 3 (ss. 3, 29).

DISCHARGE 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 discharge a bond and disposition in security for the sum of (insert sum) granted by the said C.D. [or 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].

[To be attested.]

FORM NO. 4 (s. 23).

DISCHARGE 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 discharge the ground annual of (insert amount, and if there be any duplications or other casual payments add with duplications every nineteenth year or otherwise, as the case may be), 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) constituted 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).

[To be attested.]

FORM NO. 5 (s. 30).

DEED OF RESTRICTION OF A BOND AND DISPOSITION IN SECURITY.

I, A.B. (design creditor), in consideration of (specify consideration, if any), hereby disburden of a bond and disposition in security for the sum of (insert sum) granted by C.D. (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], all and whole (describe the land disburdened, 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).

[To be attested.]

FORM NO. 6 (s. 30).

COMBINED PARTIAL DISCHARGE AND DEED OF RESTRICTION 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), discharge a bond and disposition in security for the sum of (insert sum) granted by the said C.D. [or 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) but only to the extent of (insert sum) of principal; And I disburden of the said bond and disposition in security [adding if necessary but only to the extent of (insert sum) of principal] ALL and WHOLE (describe the land disburdened, 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). [To be attested.]

14 & 15 GEORGE 5, CHAPTER 27.

FORM NO. 7 (s. 23).

DEED OF RESTRICTION OF A GROUND ANNUAL.

I, A.B. (design creditor), in consideration of (specify consideration, if any), hereby disburden of the ground annual of (insert amount, and if there be any duplications or other casual payments add with duplications every nineteenth year or otherwise as the case may be) 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 or commuted into an additional payment say and also of the additional ground annual of (insert sum) constituted in lieu and commutation of casual payments, adding, if necessary, but only to the extent of (insert sum or respective sums)] all and whole (here describe the land disburdened 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 lands are part of all and whole (describe the lands out of which the ground annual is payable or refer to description thereof as above) being the lands and others (or subjects) out of which the said ground annual is (or the said ground annual and others are) payable.

[To be attested.]

FORM NO. 8 (s. 23).

DECREE OF ADJUDICATION FOR A GROUND ANNUAL.

Having resumed consideration of the said petition (or action) finds and declares that the ground annual of (insert amount) payable from the lands and others (or subjects) hereinafter described has fallen two years into arrear, and that the defender C.D. by his failure to pay said arrears has forfeited his right in and to the said lands and others (or subjects), and adjudges and declares that the said lands and others (or subjects), that is to say, 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), now belong to the Pursuer A.B., from and after the (insert date of raising of the action or other date fixed by the Court), together with the rents, maills, and duties of the said lands and others (or subjects) current and unpaid at that date (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 Register of Sasines prior to the constitution of the ground annuat, and which are proper to be inserted or referred to, here insert the same at length or refer thereto as in Schedule H annexed to the Conveyancing (Scotland) Act, 1874); and grants warrant to record an extract of this decree in the Register of Sasines.

NOTES TO SCHEDULE K (SS. 3, 28, 29, 30, 31).

NOTE 1. If the original infeftment upon a bond and disposition in security or other heritable security has been taken otherwise than by recording the same in the appropriate Register of Sasines, add immediately after the mention of the date of such bond and disposition in security or other deed 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 2.-Where the granter of an assignation, discharge or deed of restriction of a bond and disposition in security is not the original creditor, but has a recorded title, insert at the end of the deed Which bond and disposition in security (adding, if necessary, to the extent aforesaid 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

CONVEYANCING (SCOTLAND) ACT, 1924.

give date of recording); or if such granter has not a recorded title say was last vested in the said (give name of original creditor) as aforesaid [or if he was not the person having the last recorded title, say was last vested (adding, if necessary, to the extent aforesaid, or as the case may be) in J.K. (design person having last recorded title (whose title thereto was recorded in said Register of Sasines (or as the case may be, and give date of recording)], and from whom I acquired right (adding, if necessary, to the extent aforesaid or as the case may be) by (here specify the writ or series of writs by which right was so acquired). In the case of an assignation, discharge or deed of restriction of a ground annual or other real burden the same course will be followed except that the words ground annual or real burden shall be substituted for the words bond and disposition in security.

NOTE 3.-If part of the security subjects has already been disburdened there may be inserted in an assignation after the specification of the bond assigned a reference to the previous partial discharge or deed of restriction.

NOTE 4.-In adapting Forms Nos. 1, 3 and 5 of this schedule to real burdens for capital sums there shall be substituted for the specification of the bond and disposition in security the following :-A real burden for the sum of (insert sum) payable in terms of (specify 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).

SCHEDULE L.

PREMONITION BY DEBTOR OR PROPRIETOR DESIRING TO REDEEM

A HERITABLE SECURITY.

FORM NO. 1 (s. 32).

Το Α.Β. (insert name and last known address of person to whom notice is given). TAKE NOTICE that at the term of (state term and year) C.D. (name debtor or proprietor) will repay the principal sum of (insert sum) and all interest thereon due under a bond and disposition in security (or other security) granted by the said C.D. [or by E.F. (original debtor)] in your favour [or in favour of G.H. (original creditor)], dated (insert date) and recorded in (specify Register of Sasines and date of recording). Dated this

day of

(To be signed by the debtor, or proprietor, or by his Agent, who will add his designation and the words Agent of the said C.D.)

FORM No. 2 (s. 32).

I, A.B. above named, hereby acknowledge receipt of the foregoing Premonition (or of the Premonition of which the foregoing is a copy).

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Premonition, of which the foregoing is a copy, was posted (or otherwise as the case

may be) to A.B. above named on the

day of

(To be signed by the debtor, or proprietor, or by his Agent, who will add his designation and the words Agent of the said C.D., and if posted the postal receipt to be attached).

FORM NO. 4 (s. 32).

FORM OF CERTIFICATE WHERE LAND HAS BEEN REDEEMED OF A HERITABLE SECURITY BUT DISCHARGE CANNOT BE OBTAINED.

I, A.B. (designation), notary public (or law agent), hereby certify that C.D. (designation), proprietor (or as the case may be) of the lands and others (or subjects) contained in the bond and disposition in security (or other heritable security) after

14 & 15 GEORGE 5, CHAPTER 27.

mentioned [or that X.Y. (designation), the debtor in the bond and disposition in security (or other heritable security) aftermentioned] represented to me that on the (insert date) he caused to be consigned in the (specify bank or branch of bank in which the money was consigned) the sum of (insert amount consigned) being the cumulo amount (or the balance) of the principal sum, interest and expenses (or as the case may be) due (or remaining due) under the said bond and disposition in security (or other heritable security) conform to deposit receipt dated (insert date) by the said bank for said amount in the name of E.F. (designation), the creditor in (or now in right of) the said bond and disposition in security (or other heritable security) [if he is only a partial creditor say to the extent of (insert amount)], which consignation was made in virtue of the power of redemption reserved in the bond and disposition in security for the sum of (insert amount) granted by the said C.D. [or by G.H. (design original debtor)] in favour of the said E.F. [or in favour of J.K. (design original creditor)] dated (insert date) and [adding if such be the case instrument of sasine or notarial instrument (or along with notice of title) thereon and if such instrument or notice is not in favour of the original creditor specifying the name and designation of the person in whose favour it is conceived] recorded in (specify Register of Sasines and date of recording); [If E.F. is not the original creditor but has a recorded title insert Which bond and disposition in security (adding if necessary to the extent aforesaid or as the case may be) is now vested in the said E.F. (or other person holding the last recorded title giving his name and designation) whose title thereto is recorded in the said Register of Sasines (or as the case may be, and give date of recording), and if E.F. is the successor of the person having such last recorded title specify E.F.'s right as successor to him]; And I further certify that such consignation was rendered necessary by the refusal of the said E.F. to receive the sum so consigned [or by the refusal (or incapacity) of the said E.F. to grant a valid discharge of the said bond and disposition in security (or other heritable security) or by the absence (or death) of the said E.F. or as the case may be, stating the reason why a valid discharge could not be obtained] notwithstanding that the requisite premonition was duly given, and that the said deposit receipt for the sum so consigned was presented to me.

[To be attested.]

SCHEDULE M.

NOTICE CALLING UP BOND.
FORM NO. 1 (s. 33).

Α.Β.

Το Α.Β. (insert name and last known address of person to whom notice is given). Take notice that C.D. (name creditor) requires payment of the principal sum of (insert sum) with interest thereon at the rate of per centum per annum from the day of due under a Bond and Disposition in Security by you [or by E.F. (original debtor)] in favour of the said C.D. [or of G.H. (original creditor) of which the said C.D. is now in right], dated (insert date) and recorded in (specify Register of Sasines, and date of recording): And that failing full payment of the said principal sum, interest and expenses within three months after this demand the lands and others (or subjects) held in security may be sold.

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(date of giving notice personally or of

posting same).

(To be signed by the creditor, or by his Agent, who will add his designation and the words Agent of the said C.D.)

FORM NO. 2 (ss. 34, 35).

I, A.B. above named, hereby acknowledge receipt of the foregoing notice (or of the notice of which the foregoing is a copy), and I agree to the period of notice

being dispensed with (or shortened to

). Dated this

day of

CONVEYANCING (SCOTLAND) ACT, 1924.

FORM NO. 3 (s. 34).

Notice of which the foregoing is a copy was posted (or otherwise, as the case may be)

to A.B. above named on the

day of (To be signed by the creditor, or by his Agent, who will add his designation and the words Agent of the said C.D., and if posted the postal receipt to be attached.)

SCHEDULE N (s. 42).

CERTIFICATE AS TO SURPLUS (IF ANY), OR NO SURPLUS, WHERE LAND
IS SOLD UNDER A HERITABLE SECURITY.

I, A.B. (insert designation), notary public (or law agent) with reference to the sale of the lands and others (or subjects) contained in the bond and disposition in security (or other heritable security) aftermentioned, which sale took place at (insert place) upon the (insert date) at the instance of C.D. (insert designation) in virtue of the power of sale contained in a bond and disposition in security (or other heritable security) for the sum of (insert amount) granted by E.F. (design original debtor) in favour of the said C.D. [or in favour of G.H. (design original creditor)] dated (insert date) and [adding if such be the case instrument of sasine or notarial instrument (or along with notice of title) thereon, and if such instrument or notice is not in favour of the original creditor, specify the name and designation of the person in whose favour it is conceived] recorded in [specify Register of Sasines, and date of recording; adding if such be the case To which bond and disposition in security (or other heritable security), adding if necessary to the extent of (insert amount), the said C.D. acquired right by succession (or transmission or as the case may be)], Do hereby certify that there has been submitted to me a statement of the intromissions of the said C.D., with the price of said land subscribed by the said C.D. [or by J.K. (insert designation) agent of the said C.D. on his behalf] from which it appears that no surplus remains for consignation in terms of section 122 of the Titles to Land Consolidation (Scotland) Act, 1868 [or where such surplus remains say from which it appears that a surplus of (insert amount) remains for consignation in terms of section 122 of the Titles to Land Consolidation (Scotland) Act, 1868, and I further certify that such surplus has been so consigned in (specify bank or branch of bank in which the money was consigned) conform to deposit receipt dated (insert date) by said bank for said amount in the joint names of the said C.D. and of L.M. (insert designation of the purchaser of said land), which deposit receipt has been presented to me].

[To be attested.]

Α.Β.

CHAPTER XXVIII.

An Act to make provision with respect to leave of absence from India of the GovernorGeneral, Commander-in-Chief, Governors and members of Executive Councils, and with respect to the appointment of Commander-in-Chief.

[1st August 1924.]

CHAPTER XXIX.

An Act to extend the duration of the Local Authorities (Emergency Provisions) Act,

1923.

[Preamble.]

[1st August 1924.]

1. EXTENSION OF DURATION OF 13 & 14 GEO. 5, c. 6. - The provisions of the Local Authorities (Emergency Provisions) Act, 1923, mentioned in the Schedule to this Act, shall have effect as if for references therein to "nineteen hundred and twentyfour" there were substituted references to "nineteen hundred and twenty-six."

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