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Heritable Securities (Scotland) Act 1894

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  1. Introductory Text

  2. 1. Short title.

  3. 2. †Extent and commencement of Act.

  4. 3. Tenants need not be parties to actions of maills and duties.

  5. 4. Power to interpel security holder.

  6. 5. Power to eject proprietor in personal occupation.

  7. 6. Power to lease security subjects for seven years or under.

  8. 7. Sheriff may grant power to lease security subjects for longer periods, not more than 21 years for heritable property in general, and 31 years for minerals.

  9. 8. Provisions for security holders becoming proprietors of security subjects.

  10. 9. Completion of title of security holders. Personal obligation of debtor to remain so far as not extinguished by price.

  11. 10. Purchaser’s title indefeasible.

  12. 11. Sheriff may grant power to pari passu security holder to sell pari passu security.

  13. 12. Provisions anent procedure.

  14. 13. Provisions of Act to have effect notwithstanding incapacity of debtor. Trustees and others to have powers conferred by Act.

  15. 14. Security holders under Registration of Leases Act to have same powers as security holders.

  16. 15. Sheriff to have jurisdiction whatever value of lands.

  17. 16. Provisions as to notice where debtor has died and heir cannot be ascertained.

  18. 17. Rights under existing law reserved.

  19. 18. Interpretation clause.

  20. 19. Saving as to rights of Crown.

  21. SCHEDULES

    1. SCHEDULE (A.)

      1. In the sheriff court of at A.B., Pursuer, against C.D.,...

      2. The above-named pursuer submits to the court the condescendence and...

    2. SCHEDULE (B.)

      1. In the court of session [or] In the sheriff court...

      2. An action has been raised of this date [specify place...

      3. Should you, after receiving this notice, pay your rent to...

      4. [To be signed by the pursuer or his law agent,...

    3. SCHEDULE (C.)

      1. In the court of sessions [or] In the sheriff court...

      2. Decree having been obtained of this date [specify place and...

      3. [To be signed by the pursuer or his law agent,...

    4. SCHEDULE (D.)

      1. The sheriff having resumed consideration of the said petition, finds...

      2. Note.—The extract decree is to describe the subject.

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