S

Registration Act 1661

1661 c. 243

Act concerning the Registration of CompriseingsF1

Annotations:

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Amendments (Textual)

F1 Act: repealed (prosp.) by 2000 asp 5, ss.76(2), 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

Modifications etc. (not altering text)

C1 Short title “The Registration Act 1661” given by Statute Law Revision (Scotland) Act 1964 (c. 80), Sch. 2

C2 Functions of Clerk of Register as Keeper of the Records, Registers and Rolls for Scotland now exercisable by Keeper of the Registers of Scotland: Lord Clerk Register (Scotland) Act 1879 (c. 44), s. 6, Reorganisation of Offices (Scotland) Act 1928 (c. 34), s. 5 and Public Registers and Records (Scotland) Act 1948 (c. 57), s. 1(2)

C3 This Act is listed in 12mo edition as 1661 c. 31.

Our Soverane Lord with consent of the Estates of Parliament Considering that the Registration of appriseings wes only established by ane act of Secreit Council and never authorized by any law or act of Parliament and that the Registration thairof did put the leidges to vnnecessar charges Neither adding to the validitie of the Appriseing nor to the benefite of the comprisers Hath therfor discharged and by these presents discharges all registration of compriseings with all gifts acts of Councill and other warrands and custome whatsomever granted and observed at any tyme heirtofore theranent And by thir presents Ratifies and Approves the custome observed these many yeers past wherby in place of the said registration a short record of all compriseings of lands teinds and others and of the comprisers names and designations the defenders names the debts for which the compriseing is deduced the Messingers and Clerks names the date of the executions the witnesses names thairto and of the Superiors of whom the comprized lands are holden hath been made in a book by the Clerk of Register and his Deputs at the allowing of the saids appriseings (for which allowance and recording their is only forty shillings scots to be payd) and which custome is verie vsuall and necessar for information of the leidges And therfore his Maiestie with advice and consent forsaid Ratifies and Approves the forsaid custome And ordaines all compriseings formerlie deduced and not allowed and recorded in maner above written to be brought in to the Clerk of Register and his deputs within three score dayes after publication heirof And all compriseings to be led and deduced heirafter to be brought in to the said Clerk of Register and his deputs within threescore dayes after the date theirof With certification that if they be not allowed and recorded within the said space Any other compriseing the posterior in date yet if it be allowed and recorded befor the prior Compriseing The fame shall have preference according to the date of the allowance and Record But preiudice always to any further diligence by infeftment or Charges against the superior According to the priority or posteriority theirof prout de jure