Titles to Land Consolidation (Scotland) Act 1868

[F1 38 Transmission of records. E+W+S+N.I.

The book or books in Chancery in which such decree shall be recorded as aforesaid shall be entitled the “Record of Services,” and shall be the book or books presently in use as the “Record of Services” under the said recited Act tenth and eleventh of the reign of Her present Majesty, chapter forty-seven, and such other book or books as shall be from time to time issued under the direction and authority of the Lord Clerk Register, for which no more than the prime cost shall be charged; and it shall not be lawful for the director of Chancery to use any other book or books in framing the said records; and the said book or books shall have an index or abridgment connected therewith, to be prepared in Chancery in the form and manner at present in use, or in any other form and manner to be pointed out or approved of by the Lord Clerk Register; and such index or abridgment shall be completed as soon as possible after the end of each year, and shall be printed and published, and printed copies thereof shall be distributed and disposed of in the manner at present in use, or in such other manner as shall be directed or approved of by the Lord Clerk Register: Provided always, that if a more general distribution or publication of such index or abridgment than to the official individuals to be fixed by the Lord Clerk Register shall be made, then and in that case copies of the index or abridgment aforesaid shall be sold to the public at the lowest rate which will defray the expense of printing the same; and an account of the sums to be received shall be exhibited by the director of Chancery, and be examined and audited along with his other accounts; and such index or abridgment shall be so prepared, printed, and distributed at latest by the first day of July in each year, beginning with the year one thousand eight hundred and sixty-nine; and the said record of services and other proceedings shall be at all times patent and open to inspection in the office of Chancery, on payment of such a fee as shall be regulated by act of sederunt as aforesaid, and extracts from the said record, or certified copies of the said proceedings, shall be given to any one demanding the same, on payment of such fees as shall be fixed by act of sederunt as aforesaid; and the director of Chancery shall have the power and is hereby required to direct and regulate the Sheriff clerks in the several counties and the Sheriff clerk of Chancery in regard to the manner of arranging and transmitting the petitions of service and procedure thereon, and also to prepare and furnish to the Sheriff clerks of the several counties the requisite printed forms of the intimations to be sent by them through the post office to the Sheriff clerk of Chancery when petitions of service shall be presented in their respective courts, or when they shall have received notice to publish petitions that have been presented to the Sheriff of Chancery.]

Annotations:

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Amendments (Textual)

F1 Ss. 27–38, 40–48, 50, Schs. (P.), (Q.) which were repealed by Succession (Scotland) Act 1964 (c. 41), Sch.3 are revived, without prejudice to Succession (Scotland) Act 1964 (c. 41), s. 37(1)(d), by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), s. 6—(a) in so far as they provide; and (b) for the purpose only of providing a procedure whereby the heir of a last surviving trustee in a trust, called as heir of provision in the trust destination, may establish his entitlement to act as trustee by having himself served as heir in general to the last surviving trustee.