Search Legislation

Conveyancing (Scotland) Act 1874

Status:

This is the original version (as it was originally enacted).

Schedule LNo. 1

Form of Certificate where Lands are sold under Heritable Security and no Surplus emerges. I A.B. [insert designation], Notary Public, with reference to the sale of all and whole the lands of [describe or refer to the lands], which sale took place at _______ upon the _______day of _________at the instance of G.D. [design him], in virtue of the power of sale contained in a bond and disposition in security for the sum of £ , with interest and penalties corresponding thereto, dated and recorded in the register of sasines for the day of granted by G.H. [design kiwi] in favour of the said G.D. [or in favour of E.F. [design him], but to which the said G.D. has acquired right by progress (or otherwise as the case may be)], do hereby certify that there has been submitted to me a statement of the intromissions of the said G.D. with the price of the said lands subscribed, as authentic, by the said G.D. [or by M.N., agent of the said G.D., on. his behalf], from which it appears that no surplus remains for consignation in bank, in terms of the 122nd and 123rd sections of

The Titles to Land Consolidation (Scotland) Act, 1868;

and I make this certificate in terms of " The Conveyancing (Scotland) Act, 1874." In witness whereof [testing clause]. No. 2 Form of Certificate where Lands have been redeemed of Heritable Security, but Discharge cannot be obtained. I A.B. [design him], Notary Public, do hereby certify that G.D. [design him], proprietor of the lands of X. [name the lands as shortly as possible] and others in the county of Y., being the lands contained "in the bond and disposition in security [or other deed of security] for £ after mentioned, has appeared before me and represented that he did on the day of consign in the bank at the sum of £ with £ being the whole interest due under the said bond and disposition in security [or other deed of security] in name of E.F. [design him] the creditor in the said bond and disposition in security [or other deed of security; if only a partial creditor say to the extent of £ ] ; which consignation was made in virtue of the power of redemption reserved in the said bond and disposition in security [or other deed of security] which was granted by the said G.D. [or by J.K. (design him), then proprietor of the said lands] in favour of the said E.F. [or L.M. (design him) the original creditor in the said security], and is dated [insert date] and recorded in the register of sasines for the day of [if sasine vas expede on the bond and disposition in security or other deed of security, instead of and recorded, &c, say, on which bond and disposition in security (or other deed of security) the said E.F. (or L.M. as the case may be) was infeft conform to instrument of sasine in his favour recorded in the register of sasines for the day of ] ; and the said consignation was rendered necessary by the refusal of the said E.F. to receive the said sum of £ and interest thereon [or by the absence of the said E.F., or otherwise as the case may be, stating the reason why discharge could not be

obtained], notwithstanding that the requisite notice of redemption was given to him ; and I make this certificate in terms ofThe Conveyancing (Scotland) Act, 1874." In witness whereof [testing clause].

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources