Hypothec Amendment (Scotland) Act 1867 (repealed)

3 Corn, &c. purchased bona fide, and delivered and removed, to be free from hypothec. S

Whensoever any agricultural produce shall have been bona fide purchased by any person for its fair marketable value from the tenant or lessee of any farm or lands, and shall have been actually delivered to the purchaser, and removed from such farm or lands, and the price thereof shall have been paid, or whensoever agricultural produce shall have been bona fide purchased at public auction from the tenant or lessee, or any party holding his authority to sell, after seven days written notice of the intention of the tenant or lessee or party holding his authority to sell by public auction shall have been given to the landlord or lessor, or person or persons entitled to the rent of such farm or land, or his or their factor or known agent, and sequestration shall not have been obtained and registered in manner herein-after provided previous to or during the currency of such notice, then in either of these cases all right of hypothec competent to the landlord, lessor, or person or persons entitled to the rent of such farm or lands over such agricultural produce shall cease and determine: Provided always, that nothing herein contained shall apply to any agricultural produce which the tenant is not entitled legally or by the terms of his lease to sell or carry off the land, or which previous to the completion of the purchase thereof by the removal of the same from the farm or lands, and by payment of the price, or after such notice as that above referred to, has been sequestrated at the instance of such landlord, lessor, or other person, and the sequestration whereof has been registered in the register of sequestrations for rent, to be kept as hereinafter provided, and is in force at the time of such purchase.