Diligence of pletely disencumbering the Lands and others sold of all Secuthe Seller, &c. rities and Diligences posterior to the Security of such Creditor, as well as of the Security and Diligence of such Creditor The Act 8 & 9 Vict. c.31. to apply to the Transmission and Extinction of Securities granted under this Act. Fees to be taken by exist ing Town Clerks of Royal Burghs and Keepers of Registers dur ing their re spective Rights of Office, &c. Court of Ses Acts of Sede runt. himself. X. And be it enacted, That all the Provisions, Conditions, and Enactments contained in the said recited Act shall be held to apply to the Transmission and Extinction of Heritable Securities for Debt in Scotland, constituted in Terms of this Act: Provided always, that where, in the Assignations, Writs of Acknowledgment, Discharges, or other Instruments granted under the said recited Act, Reference is thereby directed to be made to the Instrument of Sasine on any Bond and Disposition in Security, it shall be sufficient, in the Case of a Bond and Disposition in Security granted under Authority of this Act, to make Reference to the Date of recording such Bond and Disposition in Security itself in the Register of Sasines. XI. And be it enacted, That nothing herein contained shall be construed to prevent the existing Town Clerks of Royal Burghs in Scotland, during the Existence of their respective Rights of Office, from exacting and receiving the same Fees, in respect of recording Bonds and Dispositions in Security under this Act, as the same Town Clerks would before the passing of this Act have been legally entitled to exact or receive on their own Account, in respect of passing the Infeftments within Burgh and preparing and recording the Instruments of Sasine and Resignation on said Bonds and Dispositions in Security; provided always, that in computing the said Fees such Instruments of Sasine and Resignation shall not be computed as of greater Length than the Writings actually recorded whereby such Instruments of Sasine and Resignation have been rendered unnecessary; and all other Keepers of Registers of Sasine, during the Existence of their respective Rights of Office, or until otherwise regulated by Law, shall, upon the Registration by them of such Bonds and Dispositions in Security, be entitled to the same Fees as such Keeper would have been entitled to upon the Registration of an Instrument of Sasine of the same Length in favour of the same Party in reference to the same Right, and to no other or further Fee whatever. XII. And be it enacted, That it shall be lawful to the Court sion may make of Session to pass such Acts of Sederunt as the said Court may deem proper for regulating the Register of Sasines, and the Fees to be paid to the several Keepers thereof for Registrations in virtue of this Act, and generally for carrying out the Purposes of this Act. Existing Forms of Security to be still competent. Interpretation of Act. XIII. And be it enacted, That nothing in this Act contained shall prevent the Establishment of Heritable Securities in the Forms in use, or which might be competently used, at the passing of this Act. XIV. And be it enacted, That in construing this Act, except where the Nature of the Provision, or the Context of this Act, shall be repugnant to such Construction, the Word "Granter" "Granter" shall extend to and include the Granter's Heirs, Successors, and Representatives; and the Word "Debtor" shall include the Debtor's Heirs, Successors, and Representatives; and the Word "Creditor" shall extend to and include the Party in whose Favour the Bond and Disposition in Security is granted, and his Heirs and Assignees, or other Party acquiring Right to such Security; and the Word "Lands" shall include all other Heritable Subjects; and all Words used in the Singular Number shall be held to include several Persons or Things; and all Words importing the Masculine Gender shall extend and be applied to Females as well as Males. XV. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during the present Session of amended, &c. Parliament. SCHEDULE to which the foregoing Act refers. SCHEDULE (A.) I A. B. [here name and design the Granter] grant me to have instantly borrowed and received from C.D. [here name and design the Creditor] the Sum of [insert the Sum] Sterling; which Sum I bind myself and my Heirs, Executors, and Representatives whomsoever, without the Necessity of discussing them in their Order, to repay to the said C.D. or his Heirs and Assignees whomsoever, at the Term of [here insert the Date and Place of Payment], with a Fifth Part more of liquidate Penalty in case of Failure, and the legal Interest of the said Principal Sum from the Date hereof to the said Term of Payment, and half-yearly termly and proportionally thereafter during the Notpayment of the same, and that at Two Terms in the Year, Whitsunday and Martinmas, by equal Portions, beginning the First Term's Payment of the said Interest at the Term of next to come, for the Interest due preceding that Date, and the next Term's Payment thereof at following, and so forth, half-yearly termly and proportionally thereafter during the Not-payment of the Principal Sum, with a Fifth Part more of the Interest due at each Term of liquidate Penalty in case of Failure in the punctual Payment thereof. And in Security of the personal Obligation before written, I dispone to and in favour of the said C.D. and his foresaids, heritably, but redeemably as after mentioned, yet irredeemably in the event of a Sale by virtue hereof, all and whole [here describe the Lands or other Heritages] (a) and that in Real Security to the said C.D. and his foresaids of the whole Sums of Money above written, Principal, Interest, and Penalties. And I assign the Rents; and I assign the Writs; and I grant Warrandice; and I reserve Power of Redemption; and I oblige myself for the Expences of assigning and discharging this Security; and on default in Payment I grant Power of Sale; and I consent to Registration for Preservation and Execution, and also to to Registration in the General or Particular [or Burgh, as the Case may be,] Register of Sasines. In witness whereof, &c, [add a Testing Clause]. (a) If the Lands are held under any Conditions, Reservations, Restrictions, and Provisions, say here," But with and under the whole Conditions, Reservations, Restrictions, and Provisions specified and contained in an Instrument of Sasine, or 'Resignation ad remanentiam,' in the said Lands and others, in favour of E.F., recorded in the [here mention the Register in which the Instrument is recorded], upon the Day of in the Year CAP. LI. An Act to amend the Practice in Scotland with regard to Crown Charters and Precepts from Chancery. [25th June 1847.] WHEREAS it is expedient to amend the Mode presently in use in Scotland of obtaining Charters from Her Majesty and from the Prince and Steward of Scotland, and Precepts from Chancery for infefting Heirs:' May it therefore please Your Majesty that it may be enacted; and 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 the AuthoSignatures and rity of the same, That from and after the First Day of October Precepts to Chancery abolished. Charters to be obtained by lodging a Draft thereof and Note along Deeds. One thousand eight hundred and forty-seven the Practice of presenting and passing Signatures in Exchequer, and of thereon framing and issuing Precepts, as preliminary to the granting of Charters from Her Majesty or the Prince and Steward of Scotland, shall cease and determine; and it shall no longer be necessary, in order to the obtaining of any Charter, that such Signature shall be presented and passed, or such Precept be framed and issued; and all such Charters shall be obtained in the Manner directed by this Act, and not otherwise; and all Laws, Statutes, and Usages heretofore existing, inconsistent with or at variance with the Provisions of this Act, shall be and are hereby repealed. II. And be it enacted, That any Person seeking to obtain a Charter from Her Majesty or from the Prince and Steward of Scotland shall lodge or cause to be lodged, in the Office of the Presenter of Signatures, a Draft of the proposed Charter, with the Title prepared by his Agent, being a Writer to the Signet, whose Signature shall be endorsed thereon, together with a short Note, in the Terms or to the Effect of the Schedule (A.) hereunto annexed, praying for a Charter in Terms of the said Draft; and the Date of lodging such Note shall be marked thereon by the Presenter of Signatures or his Clerk; and along with such Note and Draft there shall be lodged the last Crown Charter or Prince's Charter, or Retour or Decree of Service, and Precept from Chancery, of the Lands, and all the Title Deeds of the Lands subsequent thereto, together with Evidence of the valued Rent when necessary, and an Inventory and Brief of the Titles according to the present Practice. III. And be it enacted, That the Draft Charter so lodged Draft Charter shall be forthwith revised by the Presenter of Signatures, who to be revised. shall require the Attendance of the Agent of the Person applying for the Charter, for the Purpose of receiving his Explanations; and the Presenter of Signatures shall thereafter proceed with the Revision of the said Draft, making such Alterations and Corrections as are necessary, and he shall, after his final Revisal of such Draft, authenticate each Page thereof, and the several Alterations and Corrections thereon, if any, with his Initials, and shall mark on such Draft that the same has been revised by him, and also the Date when such Revisal was completed; and the Fees on Signatures presently payable to the Presenter of Signatures shall be chargeable on the Draft Charter to be lodged and revised as aforesaid, and all other Fees presently payable to the Officers of Exchequer on Signature shall cease and determine. IV. And be it enacted, That if it shall appear that any Mistake has occurred in the Terms of the last Charter or Retour or Decree of Service to the Prejudice of the Crown or Prince, the Person applying for the Charter shall farther, on Requisition made to him or his Agent to that Effect, by Order of the Presenter of Signatures, lodge the prior Title Deeds of the said Lands, and any other Title Deeds of and concerning the same, in so far as such Title Deeds may be in his Possession or at his Command, and in so far as the same may be necessary for the due Revisal of the said Draft on behalf of Her Majesty or the Prince, and the Rectification of such Mistake, which may be rectified accordingly; and on the other hand, if the Vassal shall allege any Mistake to have occurred in the Terms of the last Charter or Retour or Decree of Service to his Prejudice, the Person applying for the Charter shall be entitled, without such Requisition, to produce the prior Titles of the said Lands, and any other Title Deeds or other Deeds of and concerning the same, in so far as these may be necessary for the due Revisal of the said Draft and the Rectification of such Mistake, which may be rectified accordingly; but no such Rectification shall in either Case be allowed, nor the Draft be held as finally revised or authenticated as such, until the same shall have been reported by the Presenter of Signatures to and approved of by the Judges performing the Duties of the Court of Exchequer, in Terms of an Act passed in the Second and Third Years of the Reign of Her Majesty, for regulating the Duties to be performed in the Supreme Courts of Scotland, or One of the said Judges. Rectification of Mistakes in for mer Titles. may refer to V. Provided always, and be it enacted, That when the last Presenter of Charter or Retour or Decree of Service shall be withheld by the Signature, &c. Person applying as aforesaid, or cannot be so lodged from being Copy of Charin the Possession of the Proprietor of other Lands therein con- ter, &c. when tained, or from any other good Cause, it shall be competent for withheld. the Presenter of Signatures, or for the Person applying as aforesaid, Amount of Crown Duties to be fixed. Clerk's Fees. Copy of revised If no Objections, the revised Draft to the Charter prepared. 10 & 11 VICT, aforesaid, to refer to the Copy thereof ingrossed in the Register of the Great Seal, or in the Register of Retours or Decrees of Service, and to procure Exhibition thereof as Evidence of the Terms of such last Charter or Retour or Decree of Service; and the Lord Clerk Register is hereby authorized and required to make such Regulation as will enable the Exhibition thereof to be obtained for the Purpose aforesaid, upon the joint Ap plication of the Person so applying and of the Presenter of Signatures. VI. And be it enacted, That the Presenter of Signatures shall also, with the Aid of the Auditor of Exchequer, ascertain and fix the Amount of Composition or other Duties due and payable to Her Majesty or the Prince on granting such Charter, and the Amount of the same shall be marked on the said Draft, and certified by the Signatures of the said Auditor of Exchequer and of the Presenter of Signatures; and in ascertaining and fixing the Amount of such Composition and other Duties payable to the Crown there shall be no Charge added for the Expence of collecting the same, any Law or Practice to the contrary notwithstanding. VII. And be it enacted, That the Person applying for such Charter shall be bound to pay to the Clerk of the Presenter of Signatures the Fees to be fixed in manner herein-after provided; and which Fees shall be paid over by such Clerk to the Director of Chancery, who shall be accountable therefor. VIII. And be it enacted, That such revised Draft shall be retained in the Office of the Presenter of Signatures, and shall be there open to the Inspection of the Party applying for the Charter or his Agent, and a Copy thereof shall be furnished on Demand, on Payment of the Fees to be fixed as herein-after directed. IX. And be it enacted, That where no Objections shall be stated to the Draft as so revised a Docquet shall be put be attested, and thereon, certifying that the same is approved, which Docquet shall be signed by the Agent applying for the Charter and by the Presenter of Signatures, and the Date of signing the same thereon set forth; and such Draft so docqueted shall without being given up to the Party applying for the Charter or his Agent, be officially transmitted by the Presenter of Signatures to the Office of the Director of Chancery, and shall form a valid and sufficient Warrant for the immediate Prepa ration of the Charter in Chancery, in Terms of such Draft. Charters may be applied for at any Time. Objections, if any, to be by a Note. X. And be it enacted, That it shall be competent to apply for the Charter in manner before directed, and to revise the Draft of the same, and in the event of the same being docqueted as revised and approved in manner aforesaid, to prepare and deliver the Charter as herein-after directed, at any Period of the Year, and notwithstanding that it shall not then be Term Time of the Court of Exchequer. ! XI. And be it enacted, That it shall be lawful for the Person applying for the Charter, if dissatisfied with the Draft revised as aforesaid, to state Objections thereto or against the Amount |