Land Registers (Scotland) Act 1868

JurisdictionUK Non-devolved
Citation1868 c. 64


Land Registers (Scotland) Act, 1868

(31 & 32 Vict.) C A P. LXIV.

An Act to improve the System of Registration of Writs relating to Heritable Property inScotland .

[31st July 1868]

W HEREAS it is expedient to amend the System of Registration of Writs relating to Lands and Heritages inScotland , to lessen the Number of Registers, and to facilitate Searches thereof:

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:

S-1 Short Title.

1 Short Title.

1. This Act may be cited for all Purposes as ‘TheLand Registers (Scotland ) Act, 1868.’

S-2 Interpretation of Terms.

2 Interpretation of Terms.

2. The Term ‘Register of Sasines,’ as used in this Act, shall be held as applying to the Registers directed to be kept by the Act 1617, c. 16., for the Registration of Sasines, Reversions, and other Writs directed to be recorded therein by that Act or by any subsequent Act of Parliament; and the Word ‘Writ,’ as used in this Act, shall apply to and include all Deeds and Writings which have heretofore been in the Practice of being recorded in these Registers, or which may under the Provisions of this Act be recorded in the General Register of Sasines.

S-3 In General Register of Sasines, Writs of each Countyto be kept separate.

3 In General Register of Sasines, Writs of each Countyto be kept separate.

3. The General Register of Sasines forScotland shall be so kept that the Writs applicable to each County shall be entered in a separate Series of Presentment Books, and the Writs shall be minuted in a separate Series of Minute Books, and engrossed in a separate Series of Register Volumes, in the Order of Presentment, and where any Writ shall contain Land in more than One County such Writ shall be entered by the Ingiver in the Presentment Book of such of these Counties as may be specified in the Warrant of Registration herein-after provided for, and shall be minuted in the Minute Book of such of these Counties or County as are specified in said Warrant, and shall be engrossed at Length in the Division of the Register applicable to One only of the said Counties; and a Memorandum shall be entered in each Division of the Register applicable to the other Counties or County in the Presentment Book of which it is entered as aforesaid, setting forth the Volume of the Register and the Folio or Folios of such Volume in which such Engrossment is made; and such Memorandum shall be deemed to be equivalent to full Engrossment of such Writ in the Division of the Register wherein such Memorandum shall be entered as aforesaid: For the Purposes of this Act, the Barony and Regality ofGlasgow , and also the Stewartry of Kirkcudbright , shall each be treated as a County.

S-4 All Writs shall have a Warrant of Registration endorsedthereon, specifying County or Counties in which Lands lie.

4 All Writs shall have a Warrant of Registration endorsedthereon, specifying County or Counties in which Lands lie.

4. All Writs which may be recorded in the General Register of Sasines in Terms of this Act shall, previous to being presented for Registration, have a Warrant endorsed or written thereon, in or as nearly as may be in the Form of Schedule (A.) No. 1. hereto annexed, specifying the Person or Persons on whose Behalf the Writ is so presented, and the County or Counties in which the Lands to which such Writ has reference are situated, and signed by such Person or Persons, or his or their Agent or Agents; and the Form of Warrant of Registration hereby prescribed shall supersede and be used in place of the Form of Warrant of Registration as given in Schedule (A.) No. 1. annexed to ‘The Titles to Land (Scotland ) Act, 1858.’ And in the Case of an Assignation of an unrecorded Conveyance in virtue of the Provisions of the Thirteenth Section of the said ‘Titles to Land (Scotland ) Act, 1858,’ the Warrant of Registration to be employed shall be in or as nearly as may be in the Form of Schedule. (A.) No. 2. hereto annexed; and that Form of Warrant of Registration shall supersede and be used in place of the Form of such Warrant given in Schedule (A.) No. 2 annexed to the said ‘Titles to Land (Scotland ) Act, 1858.’ And Warrants of Registration may be signed either by an individual Agent, or by the Subscription of any Firm of which such Agent may be a Partner. And the Form of Warrants of Registration hereby prescribed shall have the same legal Force and Effect as is conferred on the Forms of Warrants of Registration annexed to the said ‘Titles to Land (Scotland ) Act, 1858,’ with reference to the Conveyances for which such Warrants are prescribed by the said last-mentioned Act.

S-5 Competent to record Writs in other County or Countiesto which they refer by new Warrant.

5 Competent to record Writs in other County or Countiesto which they refer by new Warrant.

5. Provided always, That where any Writ containing Lands or Heritages in more than One County shall not have had a Warrant of Registration endorsed or written thereon applicable to all the Counties to which it applies, the Registration of such Writ shall, notwithstanding, as regards the County or Counties mentioned in the Warrant, and in the Minute Books and Register Volumes of which County or Counties it has been recorded, or a Memorandum thereof entered, be effectual; and it shall be competent afterwards to present such Writ by a new Warrant of Registration thereon, and to minute and register such Writ in the Register of any other County or Counties to which such Writ applies, in Terms of such new Warrant; and in the Case of such subsequent Registration it shall not be necessary to engross the Writ at length in the Division of the Register applicable to such County or Counties, but the same may be effected by the Insertion of a Memorandum in such Division of the Register in the Manner herein-before provided for, and such subsequent Registration shall be effectual as regards the County or Counties to which such Writ applies, and to which such new Warrant is applicable, of and from the Date of such subsequent Registration.

S-6 Provision for Writs transmitted by Post to GeneralRegister of Sasines.

6 Provision for Writs transmitted by Post to GeneralRegister of Sasines.

6. Where any Writ shall be transmitted by Post for Registration in the General Register of Sasines the Keeper of said Register shall, upon the Receipt of such Writ, cause the same to be acknowledged to the Sender, and to be presented in Terms of the Warrant of Registration thereon by a Clerk in his Office to be appointed by him for that Purpose, and who shall be held as the Ingiver of the Writ; and such Clerk shall attach to his Signature in the Presentment Book the Words ‘transmitted by,’ and thereafter the Name of the Sender; and such Writ shall be recorded in the same Manner as any other Writ presented for Registration, and on the Writ being ready for Delivery Intimation to that Effect shall be made by Post to the Sender, accompanied by a Note of Fees, and on Receipt of the Fees and Postage, and a Request to that Effect, the Keeper shall transmit the Writs to the Sender by Post; and where Two or more Writs transmitted by Post shall be received by the Keeper at the same Time, the Entries thereof in the Presentment Book and Minute Book shall be of the same Year, Month, Day, and Hour, and such Writs shall be deemed and taken to be presented and registered contemporaneously.

S-7 Registration how to be made, &c.

7 Registration how to be made, &c.

7. Registration of Writs in the General Register of Sasines shall, except in so far as altered by the Provisions of this Act, continue to be made in conformity with the Practice heretofore in use; and no Error or Omission in any Presentment Book of the General Register of Sasines to be kept as aforesaid shall invalidate, or in any way affect injuriously, the Registration of any Writ recorded in said Register.

S-8 Particular Registers of Sasines abolished.

8 Particular Registers of Sasines abolished.

8. The whole Particular Registers of Sasines inScotland shall be discontinued not later than the Thirty-first Day of December One thousand eight hundred and seventy-one; and it shall be competent to the Lord Clerk Register of Scotland , from Time to Time prior to the said Date, upon the Application of the Keeper of the General Register of Sasines, to order the Discontinuance of any Particular Register of Sasines, and the Lord Clerk Register shall cause such Order, signed by him, to be recorded in the General Register of Sasines, and a Copy of such Order, also signed by him, to be transmitted to the Keeper of the Particular Register of Sasines to which it applies, and shall cause such Order to be advertised in the Edinburgh Gazette , and in any Newspaper or Newspapers he may deem proper; and such Order shall specify the Day, not being less than One Calendar Month after the Date of such Publication in the Edinburgh Gazette , from and after which such Particular Register is to be discontinued; and after the Date so to be specified in any such Order as...

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