Conveyancing (Scotland) Act 1924

10 Warrants of registration

(1) The forms of warrant of registration provided in Schedule F hereto and the notes to that Schedule shall be substituted for the forms of warrant of registration provided in Schedule F, No. 2, and Schedule H, Nos. 1 and 2, annexed to the Titles to Land Consolidation (Scotland) Act, 1868, and in Schedule A, No. 3, annexed to the [31 & 32 Vict. c. 64.] Land Registers (Scotland) Act, 1868; and (except as after provided) it shall be sufficient to insert in the warrant of registration on any conveyance, deed, or writing, the name of the person on whose behalf it is to be recorded accompanied by the words " within named, " or such other words as will identify such person, provided that when a conveyance, deed, or writing is to be recorded on behalf of any person not mentioned therein, the designation of such person shall be inserted in such warrant.

(2) It shall not be competent to challenge the validity of any warrant of registration on any conveyance, deed, or writing recorded before the commencement of this Act, on the ground that the person in whose favour such warrant is conceived is not designed therein, or that the nature of his right is not stated therein, if such Warrant, on being read as forming part of such conveyance, deed, or writing, shall identify such person as a person therein named and designed.

(3) When any conveyance, deed, or writing, whether recorded before or after the commencement of this Act, is in favour of two or more persons, or of trustees ex officiis, and contains a destination to the survivors of such persons, or to the successors of such trustees, all the qualities of such destination shall be presumed to be imported into a warrant of registration in their favour written on such conveyance, deed, or writing, and it shall not be necessary that such destination be inserted therein.

(4) When an unrecorded disposition or unrecorded bond and disposition in security, or other unrecorded deed, decree or heritable security is to be recorded along with a separate assignation or separate assignations, or along with a notice of title, the same shall be so recorded in virtue of one warrant of registration in, or as nearly as may be in, the terms indicated in Note 5 to the said Schedule F to this Act, which shall be written on such separate assignation or on the last in date of such separate assignations or on such notice of title.

(5) Where any conveyance, deed, or writing, or an extract thereof, can be competently recorded in the General Register of Sasines for preservation and execution as well as for publication, and is so recorded, there shall be inserted in any extract to be issued of the same a warrant of execution in the short form provided for in the Schedule to the [40 & 41 Vict. c. 40.] Writs Execution (Scotland) Act, 1877, and execution may competently follow upon such extract in manner provided in section three of that Act.

(6) Prom and after the commencement of this Act it shall not be competent to give investiture ex propriis manibus.

(7) Section one hundred and forty-one of the Titles to Land Consolidation (Scotland) Act, 1868, and section twelve of the Land Registers (Scotland) Act, 1868, and sections six and seven of the Writs Execution (Scotland) Act, 1877, are hereby amended in accordance with the enactments of this section, and Schedule F, No. 2, and Schedule H annexed to the first-mentioned Act of 1868, and Schedule A, No. 3, and Schedule B annexed to the second-mentioned Act of 1868, are hereby repealed.