Titles to Land Consolidation (Scotland) Act 1868

JurisdictionUK Non-devolved
Citation1868 c. 101


Titles to Land Consolidation (Scotland) Act, 1868

An Act to consolidate the Statutes relating to the Constitution and Completion of Titles to Heritable Property inScotland , and to make certain Changes in the Law of Scotland relating to Heritable Rights.

[31st July 1868]

W HEREAS it is expedient to consolidate the Statutes which have been passed during recent Years relating to the Forms of constituting and completing Titles to Land and to Heritable Securities inScotland , and to make certain Changes upon the Law of Scotland in regard to Heritable Rights, and to the Succession to Heritable Securities, 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:

S-1 Short Title.

1 Short Title.

1. This Act may be cited for all Purposes as ‘TheTitles to Land Consolidation (Scotland) Act, 1868.’

S-2 Commencement of Act.

2 Commencement of Act.

2. This Act shall take effect from and after the Thirty-first Day ofDecember One thousand eight hundred and sixty-eight, unless in so far as it is herein appointed to take effect at an earlier Date.

S-3 Interpretation of Terms.

3 Interpretation of Terms.

3. The following Words and Expressions in this Act, and in the Schedules annexed to this Act, shall have the several Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; that is to say,

The Words ‘Superior,’‘Vassal,’‘Grantor,’‘Grantee,’‘Disponer,’‘Disponee,’‘Legatee,’‘Adjudger,’ and ‘Purchaser,’ shall extend to and include the Heirs, Successors, and Representatives of such Superior, Vassal, Grantor, Grantee, Disponer, Disponee, Legatee, Adjudger, or Purchaser respectively; and the Word ‘Successors’ shall extend to and include Heirs, Disponees, Assignees legal as well as voluntary, Executors, and Representatives:

The Word ‘Month’ shall mean Calendar Month:

The Words ‘Sheriff of Chancery’ shall extend to and include the Sheriff of Chancery and his Substitute under this Act, or under the Act of the Tenth and EleventhVictoria , Chapter Forty-seven; and the Word ‘Sheriff’ shall extend to and include the Sheriff and Steward of any County or Stewartry and his Substitute, and the Sheriff of Chancery and his Substitute:

The Words ‘Sheriff Clerk of Chancery’ shall extend to and include the Sheriff Clerk of Chancery acting under this Act, or who acted under the Act of the Tenth and EleventhVictoria , Chapter Forty-seven, and the Depute of such Sheriff Clerk; and the Words ‘Sheriff Clerk’ shall extend to and include the Sheriff Clerk of Chancery and the Sheriff Clerk and Steward Clerk of any County or Stewartry and their respective Deputes:

The Words ‘Crown Writ’ shall extend to and include all Charters, Precepts, and Writs from Her Majesty, and from the Prince; and the Word ‘Crown’ shall extend to and include Her Majesty and the Prince; the Words ‘Her Majesty’ shall extend to and include Her Majesty and Her Royal Successors; and the Word ‘Prince’ shall extend to and include the Prince and Steward ofScotland and his Successors:

The Word ‘Charter’ and the Word ‘Writ’ shall each extend to and include all Crown Writs, and all Charters, Precepts, and Writs from Subject Superiors:

The Word ‘Deed’ and the Word ‘Conveyance’ shall each extend to and include all Charters, Writs, Dispositions, whether containing a Warrant or Precept of Sasine or not, and whetherinter vivos or mortis causa , and whether absolute or in trust, Feu Contracts, Contracts of Ground Annual, Heritable Securities, Reversions, Assignations, Instruments, Decrees of Constitution relating to Land to be afterwards adjudged, Decrees of Adjudication for Debt, and of Adjudication in Implement, and of Constitution and Adjudication combined, whether for Debt or Implement, Decrees of Declarator and Adjudication, Decrees of Sale, and Decrees of General and of Special Service, whether such Decrees contain Warrant to Infeft or Precept of Sasine or not, and the Summonses, Petitions, or Warrants on which any such Decrees proceed, Warrants to Judicial Factors, Trustees, or Beneficiaries of a lapsed Trust, to make up Titles to Lands and the Petitions on which such Warrants proceed, Writs of Acknowledgment, Contracts of Excambion, Deeds of Entail, Procuratories of Resignationad remanentiam , and all Deeds, Decrees, and Writings by which Lands, or Rights in Lands, are constituted or completed or conveyed or discharged, whether dated, granted, or obtained before or after the passing of this Act, and official Extracts of all Deeds and Conveyances; and all Codicils, Deeds of Nomination, and other Writings annexed to or endorsed on Deeds or Conveyances or bearing reference to Deeds or Conveyances separately granted, and Decrees of Declarator naming or appointing Persons to exercise or enjoy the Rights or Powers conferred by such Deeds or Conveyances, shall be deemed and taken for the Purposes of this Act to be Parts of the Deeds or Conveyances to which they severally relate, and shall have the same Effect in all respects as to the Persons so named and appointed as if they had been named and appointed in the Deeds or Conveyances themselves:

The Words ‘Deed of Entail’ shall extend to and include all Deeds and Conveyances of Lands under the Fetters of a strict Entail, and all Procuratories, Bonds, and Contracts by which Lands are settled under such Fetters:

The Word ‘Instrument’ shall extend to and include all Notarial Instruments authorized by this Act, or by any of the Acts hereby repealed, and also all Instruments of Sasine, Instruments of Resignationad remanentiam , Instruments of Resignation and Sasine, and Instruments of Cognition and Sasine, and Instruments of Cognition:

The Words ‘Heritable Security’ and ‘Security’ shall each extend to and include all Heritable Bonds, Bonds and Dispositions in Security, Bonds of annual Rent, Bonds of Annuity, and all Securities authorized to be granted by the Seventh Section of the Act of the Nineteenth and TwentiethVictoria , Chapter Ninety-one, intituled An Act to amend and re-enact certain Provisions of an Act of the Fifty-fourth Year of King George the Third relating to Judicial Procedure and Securities for Debts in Scotland, and all Deeds and Conveyances whatsoever, legal as well as voluntary, which are or may be used for the Purpose of constituting or completing or transmitting a Security over Lands or over the Rents and Profits thereof, as well as such Lands themselves and the Rents and Profits thereof, and the Sums, Principal, Interest, and Penalties secured by such Securities, but shall not include Securities by way of Ground Annual, whether redeemable or irredeemable, or absolute Dispositions qualified by Back Bonds or Letters:

The Word ‘Creditor’ shall extend to and include the Party in whose Favour an Heritable Security is granted, and his Successors in right thereof:

The Word ‘Debtor’ shall include the Debtor and his Successors:

The Word ‘Lands’ shall extend to and include all Heritable Subjects, Securities, and Rights:

The Words ‘Notary Public’ shall be held to mean a Notary Public duly admitted to practise inScotland :

The Word ‘Petitioner’ shall extend to and include any Person who may have presented or may present a Petition within the Meaning of this Act, or of any Act hereby repealed:

The Words ‘Judicial Factor’ shall extend to and include Judicial Factors or Curators Bonis to Persons under Incapacity, Factorsloco tutoris , Factors loco absentis , and all Judicial Managers:

The Words ‘infeft’ and ‘Infeftment’ shall extend to and include the due Registration, in the appropriate Register of Sasines, of any Deed or Conveyance, whether before or after the Commencement of this Act, by which Registration a Real Right to Lands has been or shall be constituted.

S-4 Acts specified in Schedule \(A.) repealed.

4 Acts specified in Schedule \(A.) repealed.

4. From and after the Commencement of this Act the several Acts and Part of Act set forth in Schedule (A. No. 1.) to this Act annexed, to the Extent to which such Acts or Part of Act are by such Schedule expressed to be repealed, and every other Act or Acts, and such Parts of every other Act or Acts, as shall be inconsistent with this Act, shall be and the same are hereby repealed: Provided always, that such Repeal shall not be construed to lessen or affect any Right to which any Person may at the Time of such Repeal be entitled under the said Acts or Part of Act, or to lessen or affect any Liability then existing thereunder, or to invalidate or affect anything done prior to the passing hereof in pursuance of the said Acts or Part of Act, or to revive or render necessary any Deed, Form, Procedure, or Practice by said Acts or Part of Act repealed, abolished, or rendered unnecessary; and provided also, that any Right to Lands constituted or acquired under said Acts or Part of Act may be completed, transferred, or extinguished either under the same or under this Act.

S-5 In Conveyances of Land, &c. not held Burgage, certain Clauses may be inserted in the short Forms given in Schedule \(B.) No. 1.

5 In Conveyances of Land, &c. not held Burgage, certain Clauses may be inserted in the short Forms given in Schedule \(B.) No. 1.

5. It...

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