Conveyancing (Scotland) Act 1874, Amendment Act 1879
| Jurisdiction | UK Non-devolved |
Conveyancing (Scotland) Act, 1874, Amendment Act, 1879
(42 & 43 Vict.) CHAPTER 40.
An Act to amend the Conveyancing and Land Transfer (Scotland) Act, 1874.
[11th August 1879]
Whereas it is expedient to amend the law relating to land rights and conveyancing in Scotland:
Be it therefore enacted by the Queen'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:
1 Short title.
1. This Act may be cited for all purposes as theConveyancing (Scotland) Act, 1874, Amendment Act, 1879.
2 Commencement of Act.
2. This Act shall come into operation on the first day of December one thousand eight hundred and seventy-nine, which is herein-after referred to as the commencement of this Act.
3 As to repeal of sec. 118 of 19 & 20 Vict. c. 79 by sect. 55 of 37 & 38 Vict. c. 94.
3. Notwithstanding the repeal of section one hundred and eighteen of the Bankruptcy (Scotland) Act, 1856, by section fifty-five of the Conveyancing (Scotland) Act, 1874, it is provided that from and after the commencement of this Act no poinding of the ground which has not been carried into execution by sale of the effects sixty days before the date of the sequestration shall (except to the extent herein-after provided) be available in any question with the trustee: Provided that no creditor who holds a security over the heritable estate preferable to the right of the trustee shall be prevented from executing a poinding of the ground after the sequestration, but such poinding shall in competition with the trustee be available only for the interest on the debt for the current half-yearly term, and fir the arrears of interest for one year immediately before the commencement of such term.
4 Application of Act.
4. This Act shall not apply to heritable securities constituted prior to the commencement of this Act until the first day of December one thousand eight hundred and eighty-two, and shall not affect any action of poinding of the ground proceeding upon such securities which shall have been instituted prior to the said last-mentioned date, or any decree of poinding obtained in such action prior to said date.
5 Act to be construed with...
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