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Conveyancing (Scotland) Act 1924

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Sections 3, 28, 29, 30, 31.

SCHEDULE LS Premonition by Debtor or Proprietor desiring to redeem a Heritable Security

Form No. 1S

To A.B. (insert name and last known address of person to whom notice is given).

Take notice that at the term of (state term and year) C.D. (name debtor or proprietor) will repay the principal sum of (insert sum) and all interest thereon due under a bond and disposition in security (or other security) granted by the said C.D. [or by E.F. (original debtor)] in your favour [or in favour of G.H. (original creditor)], dated (insert date) and recorded in (specify Register of Sasines and date of recording).

Dated this day of

(To be signed by the debtor, or proprietor, or by his Agent, who will add his designation and the wordsAgent of the said C.D.)

Form No. 2S

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Modifications etc. (not altering text)

C1Form No. 2 applied with modification by Conveyancing Amendment (Scotland) Act 1938 (c. 24), s. 9(2)

I, A.B. above named, hereby acknowledge receipt of the foregoing Premonition (or of the Premonition of which the foregoing is a copy).

Dated this day of

Form No. 3S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2Form No. 3 applied with modification by Conveyancing Amendment (Scotland) Act 1938 (c. 24), s. 9(2)

Premonition, of which the foregoing is a copy, was posted (or otherwise as the case may be) to A.B. above named on the day of

(To be signed by the debtor, or proprietor, or by his Agent, who will add his designation and the wordsAgent of the said C.D. and if posted the postal receipt to be attached).

Form No. 4S Form of Certificate where Land has been Redeemed of a Heritable Security but Discharge cannot be obtained

1, A.B. (designation), notary public (or law agent), hereby certify that C.D. (designation), proprietor (or as the case may be), of the lands and others (or subjects) contained in the bond and disposition in security (or other heritable security) after mentioned [or that X.Y. (designation), the debtor in the bond and disposition in security (or other heritable security) after mentioned] represented to me that on the (insert date) he caused to be consigned in the (specify bank or branch of bank in which the money was consigned) the sum of (insert amount consigned) being the cumulo amount (or the balance) of the principal sum, interest and expenses (or as the case may be) due (or remaining due) under the said bond and disposition in security (or other heritable security) conform to deposit receipt dated (insert date) by the said bank for said amount in the name of E.F. (designation), the creditor in (or now in right of) the said bond and disposition in security (or other heritable security) [if he is only a partial creditor sayto the extent of (insert amount)], which consignation was made in virtue of the power of redemption reserved in the bond and disposition in security for the sum of (insert amount) granted by the said C.D. [or by G.H. (design original debtor)] in favour of the said E.F. [or in favour of J.K. (design original creditor)] dated (insert date) and [adding if such be the case instrument of sasine or notarial instrument (or along with notice of title) thereon and if such instrument or notice is not in favour of the original creditor specifying the name and designation of the person in whose favour it is conceived] recorded in (specify Register of Sasines and date of recording); [If E.F. is not the original creditor but has a recorded title insert Which bond and disposition in security (adding if necessaryto the extent aforesaid or as the case may be) is now vested in the said E.F. (or other person holding the last recorded title giving his name and designation) whose title thereto is recorded in the said Register of Sasines) or as the case may be, and give date of recording), and if E.F. is the successor of the person having such last recorded title specify E.F.’s right as successor to him]; And I further certify that such consignation was rendered necessary by the refusal of the said E.F. to receive the sum so consigned [or by the refusal (or incapacity) of the said E.F. to grant a valid discharge of the said bond and disposition in security (or other heritable security) orby the absence (or death) of the said E.F. or as the case may be, stating the reason why a valid discharge could not be obtained] notwithstanding that the requisite premonition was duly given, and that the said deposit receipt for the sum so consigned was presented to me.

[F1Testing clause+]A.B.

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Amendments (Textual)

F1Words in Sch. L Form No. 4 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 35 (with ss. 9(3)(5)(7), 13, 14(3))

[F1+Note—Subscription of the document by the notary public or law agent on behalf of the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

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