Registration Act 1617

1617 c. 16

Anent the Registratione of reuersiones Seasingis and vtheris writis

Modifications etc. (not altering text)

C1 Short title “The Registration Act 1617” given by Statute Law Revision (Scotland) Act 1964 (c. 80), Sch. 2

C2 Functions of Clerk of Register as Keeper of the Records, Registers and Rolls for Scotland now exercisable by Keeper of the Registers of Scotland: Lord Clerk Register (Scotland) Act 1879 (c. 44), s. 6, Reorganisation of Offices (Scotland) Act 1928 (c. 34), s. 5 and Public Registers and Records (Scotland) Act 1948 (c. 57), s. 1(2)

C3 This Act is listed in 12mo edition as 1661 c. 16

Oure Souerane Lord Considdering the gryit hurt sustened by his Maiesties Liegis by the fraudulent dealing of pairties who haveing annaliet thair Landis and ressauit gryit soumes of money thairfore Yit be thair vniust concealing of sum privat Right formarlie made by thame rendereth subsequent alienatioun done for gryit soumes of money altogidder vnproffitable whiche can not be avoyded vnles the saidis privat rightis be maid publict and patent to his hienes liegis FOR remedie whereoff and of the manye Inconvenientis whiche may ensew thairupoun HIS Maiestie with aduyis and consent of the estaittis of Parliament statutes and ordanis That thair salbe ane publick Register In the whiche all Reuersiounes regresses bandis and writtis for making of reuersiounes or regresses assignatiounes thairto dischargis of the same renunciatiounes of wodsettis and grantis off redemptioun and siclyik all instrumentis of seasing salbe registrat . . . F1 F2 ... And gif it salhappin any of the saidis writtis whiche ar appoynted to be registrat as said is not to be dewlie registrat . . .. Then and in that cace his maiestie with aduyse and consent foirsaid Decernis the same to mak no faithe in Judgment by way off actioun or exceptioun in preiudice of a third pairtie who hathe acquyred ane perfyit and lauchfull right to the saidis landis and heretages but preiudice alwayis to thame to vse the saidis writtis aganis the pairtye maker thairof his heiris and successoures F2 ... And to the effect the said register may presentlie and in all tyme cuming be the moir faithfullie keipit THAIRFORE Oure said souerane Lord with aduyis and consent foirsaid Statutes and ordanis the same registeris and registratiounes foirsaidis to be insert thairin to appertene and belang to the present Clerk of Register and his deputtis to be appoynted be him to that effect and decernis and ordanis the same Registeris to be annexed and incorporated with the said office And that the Clerk of Register present and to cum haue the said office as ane proper pairt and pertinent of the Clerk of Register his office . . . F1 AND OURE SAID SOUERANE LORD with aduyse and Consent of the estaittis Decernis and Declairis this present act to haue the force strenth and effect of ane decreit and statute of parliament whiche sall have force strenth and executioun according to the tennoure thairoff in all tyme to cum . . . F1

Textual Amendments

F1 Words repealed by Statute Law Revision (Scotland) Act 1906 (c. 38)

F2 Words in Act repealed (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 15 (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)