Conveyancing Amendment (Scotland) Act 1938

JurisdictionUK Non-devolved
Citation1938 c. 24
Year1938


Conveyancing Amendment (Scotland) Act, 1938

(1 & 2 Geo. 6.) CHAPTER 24.

An Act to amend the law of conveyancing in Scotland.

[17th May 1938]

B E it enacted by the King'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, as follows:—

S-1 Provision in regard to judicial factors, &c.

1 Provision in regard to judicial factors, &c.

1. For the purposes of sections three and four of the Act of 1924, a judicial factor appointed by the Court to administer a trust estate comprising any land or any heritable security or part of any heritable security or any lease or security over a lease, or a trustee appointed by the Court on such a trust estate shall be deemed to be a person having a right within the meaning of the said sections to such land or heritable security or part of a heritable security or lease or security over a lease respectively, and shall with respect to any lease or security over a lease comprised in the trust estate be entitled to the benefit of all enabling powers and rights under section twenty-four of the Act of 1924; and an extract of the act and warrant appointing such judicial factor or trustee shall, for the purposes of deductions of title in terms of the said Act, be a valid midcouple or link of title.

S-2 Amendment of Act of 1924, s. 8 and Schedule D.

2 Amendment of Act of 1924, s. 8 and Schedule D.

(1) Section eight of the Act of 1924 shall be amended as follows, that is to say:—

(a ) in subsection (4) thereof after the word ‘is’ where this first occurs there shall be inserted the words ‘for any purpose’; and

(b ) after the said subsection (4) the following subsection shall be inserted:—

(5) Note 1 to Schedule D to this Act shall apply to a reference competently made to any deed for reservations, real burdens, conditions, provisions, limitations, obligations and stipulations affecting lands and to the form of such reference given in Schedule H of the Conveyancing (Scotland) Act, 1874 .’

(2) In Note 1 to Schedule D to the Act of 1924 after the words ‘a particular description’ there shall be inserted the words ‘or to a Deed containing reservations, real burdens, conditions, provisions, limitations, obligations and stipulations affecting lands’.

(3) This section shall be deemed to have had effect as from the commencement of the Act of 1924.

S-3 Amendment of Act of 1924, s. 14.

3 Amendment of Act of 1924, s. 14.

3. Subsection (2) of section fourteen of the Act of 1924 is hereby repealed.

S-4 Amendment of Act of 1924, s. 17.

4 Amendment of Act of 1924, s. 17.

4. In subsection (1) of section seventeen of the Act of 1924, after the words ‘forty years’ there shall be inserted the words ‘in the Act of the Parliament of Scotland, 1469, cap. 4 ('anent the prescriptioun of obligationis') in the Act of the Parliament of Scotland, 1474, cap. 9 ('anent the Act of prescripcione of obligacionis'), and’.

S-5 Amendment of Act of 1924, s. 21.

5 Amendment of Act of 1924, s. 21.

5. Subsection (4) of section twenty-one of the Act of 1924 shall have effect as if for paragraph (a ) thereof there were substituted the following paragraph:—

‘(a ) The right to courtesy of any widower whose wife has died after the commencement of this Act, and the right to terce of any widow whose husband has died after the commencement of this Act, shall not be measured by the infeftment of such wife or husband, or depend on the completion of the title of such wife or husband by the recording thereof in the appropriate Register of Sasines, but the widower's right to courtesy shall extend to all estate (being estate to which his right to courtesy would have extended if his deceased wife's title thereto had been completed by infeftment) to which his deceased wife had a personal title capable of being completed by infeftment, or by being recorded in the appropriate Register of Sasines (including estate to which her title might be completed as aforesaid held in trust for her behoof), or to which she had a personal right capable of enforcement by adjudication in implement or otherwise; and the widow's right of terce shall extend to all estate (being estate to which her right of terce would have extended if her deceased husband's title thereto had been completed by infeftment) to which her deceased husband had a personal title capable of being completed by infeftment, or by being recorded in the appropriate Register of Sasines (including estate to which his title might be completed as aforesaid held in trust for his behoof), or to which he had a personal right capable of enforcement by adjudication in implement or otherwise.’

S-6 Provisions as to actions of declarator of irritancy.

6 Provisions as to actions of declarator of irritancy.

(1) Where an action of declarator of irritancy ob non solutum canonem is raised in the Court of Session by a superior against a vassal, the pursuer shall, in addition to serving the same on the last entered vassal, give such intimation thereof as the Court may direct or require to sub-feuars, heritable creditors and others who at the date of the raising of the action appear to have some real right in or security over the vassal's estate or any part thereof and who from a search in the...

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