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Erasures in Deeds (Scotland) Act 1836

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Erasures in Deeds (Scotland) Act 1836

1836 CHAPTER 33 6 and 7 Will 4

An Act to amend and regulate the law of Scotland as to erasures in instruments of sasine and of resignation ad remanentiam.

[14th July 1836]F1

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F1Act: repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

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C1Short title “The Erasures in Deeds (Scotland) Act 1836” given by Short Titles Act 1896 (c. 14)

C3Preamble omitted under authority of Statute Law Revision (No. 2) Act 1890 (c. 51)

C4Words of enactment repealed by Statute Law Revision (No. 2) Act 1890 (c. 51)

1No challenge of instruments of sasine or resignation ad remanentiam on account of erasures. Certain judgments and titles not to be affected.E+W+S+N.I.

No challenge of any instrument of sasine or resignation ad remanentiam shall hereafter receive effect, either by reduction or exception, on the ground that any part of the said instrument is written on an erasure, unless it shall be averred and proved that such erasure had been made for the purpose of fraud, or the record thereof is not conformable to the instrument as presented for registration: . . . F2 Provided also, that nothing herein contained shall extend or be construed to extend to instruments of sasine or resignation and sasine propriis manibus; provided also, that where any feudal title of property or title in security has been completed in order to remedy or supply defects arising from erasures in instruments of sasine, the validity of the said titles shall not be affected by any thing herein contained.

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C5Unreliable marginal note.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S+N.I.

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