Titles to Land Consolidation (Scotland) Amendment Act 1869
| Jurisdiction | UK Non-devolved |
| Citation | 1869 c. 116 |
| Year | 1869 |
Titles to Land Consolidation (Scotland) Amendment Act 1869
(32 & 33 Vict.) CHAP. 116.
An Act to amend ‘The Titles to Land Consolidation (Scotland) Act, 1868.’
[11th August 1869]
Whereas it is expedient to amend ‘The Titles to Land Consolidation (Scotland) Act, 1868’; Be it 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 authority of the same, as follows:
1 Short title.
1. This Act may be cited, for all purposes as ‘TheTitles to Land Consolidation (Scotland) Amendment Act 1869.’
2 Sect. 22 of recited Act repealed.
2. Section twenty-two of the recited Act is hereby repealed, and in place thereof it is enacted that the following words shall be deemed and be taken to be the twenty-second section of the recited Act, and the recited Act shall be read and construed as if the twenty-second section thereof had been originally expressed in the following words; viz.:—
It shall be competent to any person having right to an unrecorded deed or conveyance, whether granted in favour of himself or originally granted in favour of another person, to assign the deed or conveyance in or as nearly as may be in the form. No. 1 of Schedule (M.) to this Act annexed, setting forth the deed or conveyance, and the title or series of titles, if any, by which he acquired right to the same and the nature of the right assigned; and the assignation, or, in the event of their being more than one, the successive assignations, may be recorded in the appropriate register of sasines along with the deed or conveyance itself, and a warrant of registration thereon, in or as nearly as may be in the form No. 2 of Schedule (H.) hereto annexed; and it shall be competent to write the assignation or assignations on the deed or conveyance itself, in or as nearly as may be in the form No. 2 of Schedule (M.) hereto annexed, setting forth the deed or conveyance and the title or series of titles, if any, by which such person acquired right to the same, and the nature of the right assigned; in which case the assignation or assignations, and the deed or conveyance may be so recorded along with the warrant of registration thereon, which warrant shall be in or as nearly as pay be in the form No. 1 of Schedule, (H.) hereto annexed; and the deed or conveyance, with the warrant of registration and the assignation or assignations, separate from the deed or conveyance, and those written upon the deed or, conveyance, if any, and all similar assignations granted before the commencement of this Act being so recorded shall operate in favour of the assignee on whose behalf they are presented for registration as fully and effectually as if the lands contained in the assignation, or, if there be more than one in the last assignation, had been disponed by the original deed or conveyance in favour of such assignee, and the deed or conveyance with the warrant of registration had been recorded, in the manner herein-before provided, of the date of recording such deed or conveyance and assignation or assignations; and all deeds or conveyances with a warrant of registration and assignation or assignations written thereon, or with an assignation or assignations separate therefrom, that may have been so recorded before the commencement of this Act, shall operate in favour of the assignees on whose behalf the same shall have been so recorded, as effectually as is herein-before provided in regard to a recorded deed, or conveyance, with a warrant of registration and assignation or assignations written thereon, notwithstanding that such assignation or assignations may not have been docqueted with reference to such warrant, or referred to therein as being so docqueted.
3 Sect. 24. of recited Act repealed.
3. Section twenty-four of the recited Act is hereby repealed, and in place thereof it is enacted that the following words shall be deemed and be taken to be the twenty-fourth section of the recited Act, and the recited Act shall be read and construed as if the twenty-fourth section thereof had been originally expressed in the following words; viz.:—
Where in a petition to the Court of Session for the appointment of a judicial factor authority has been or shall be asked for the completion of a title by such factor to any lands forming the whole or part of the estate to be managed by such judicial factor, or where a judicial factor has applied or shall apply, by petition or note to the said Court, for authority to complete a title to such lands, either in his own person as judicial factor, or in the person of any pupil, minor, or lunatic to whom he may have been appointed judicial factor, and where any petition or note has specified and described or shall specify and describe the lands to which such title is to be completed, or has referred or shall refer to the description of the same, in the form, or as nearly as may be in the form, of Schedule (E.) hereto annexed, or of Schedule (G.) hereto annexed, as the case may be, the warrant granted for completing such title shall also so specify and describe the lands to which such title is to be completed, or shall so refer to the description thereof; and such warrant shall be held to be a conveyance in due and common form of the lands therein specified in favour of such judicial factor granted by the person, whether in, life or deceased, whose estate is under judicial management, or where the estate is that of a pupil, minor, or lunatic, in whose person a title has not been made up, such warrant shall be held to be such a conveyance in favour of the pupil, minor, or lunatic, or of the judicial factor appointed to such pupil, minor, or lunatic, as the case may be, granted by a predecessor, or author having such title, or where such judicial factor has been or shall be appointed, on an estate which shall have been vested in a trustee or former judicial factor, such warrant shall be held to be such a conveyance granted by such trustee or former factor, whether in life or deceased, for the purposes of such estate or trust, or factory to be holden in the case of lands not held by burgage tenure in the manner and to the effect and subject to the provisions enacted and provided in the sixth section of this Act in the case of conveyances in which no manner of holding is expressed, and in the case of lands held by burgage tenure to be holden of Her Majesty in free burgage; and such warrant may, with warrant of registration thereon, be recorded in the appropriate register of sasines as a conveyance in favour of such judicial factor, or pupil, minor, or lunatic, or of the factor on his estate, and being so recorded shall have the same force and effect, as if at the date of such recording such conveyance had been granted to the judicial factor, or pupil, minor, or lunatic, or the judicial factor appointed to such pupil, minor, or lunatic, as the case may be, and recorded in the appropriate register of sasines: Provided always, that for enabling the person in whom such lands were last vested, or his representatives, or other parties interested, to bring forward competent objections against such warrant being granted, or claims upon the estate, the Court shall order such intimation and service of the petition or note as to them shall seem proper: Declaring always, that the whole enactments and provisions herein contained shall extend and apply to all petitions to and...
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