Heritable Securities (Scotland) Act 1894

SCHEDULES

Section 3.

SCHEDULE (A) S

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

The above-named pursuer submits to the court the condescendence and note of plea-in-law hereto annexed, and prays the court—

To grant a decree against the above-named defender, finding and declaring that the pursuer has right to the rents, maills, and duties of the subjects and others specified in the bond and disposition in security for £ , granted by in favour of , dated the and recorded in the register or, at least so much of the said rents, maills, and duties as will satisfy and pay the pursuer the principal sum of £ with interest thereon at the rate of per centum per annum from the day of 18 , liquidate penalty and termly failures all as specified and contained in the said bond and disposition in security dated and recorded as aforesaid, and to find the said C.D. liable in expenses, and to decern therefor. Add condescendence and pleas-in-law.

Section 3.

SCHEDULE (B) S

In the court of session [or] In the sheriff court of shire, at Notice.

An action has been raised of this date [specify place and date] in the above court, at the instance of A.B. [design him], pursuer, against C.D. [design him], defender, in which the said pursuer asks that it be declared that as holding a bond and disposition in security over the subjects situated at [here give such description of the subjects,e.g.,their name or the number of street in which they are situated, as may identify them], he has right to the rents due, current, and to become due, from the subjects.

Should you, after receiving this notice, pay your rent to the defender, you will do so at the risk of having to pay again to the pursuer should he obtain decree in the action.

[To be signed by the pursuer or his law agent, or messenger at arms, or sheriff officer.]

Section 3.

SCHEDULE (C) S

In the court of sessions [or] In the sheriff court of shire, at Notice.

Decree having been obtained of this date [specify place and date] in the above court, at the instance of A.B. [design him], pursuer, against C.D. [design him], defender, finding and declaring that the pursuer has right to the rents, maills, and duties of the subjects and others situated at [here give such description of the subjects,e.g.,their name, or the number of street in which they are situated, as may identify them], specified in a bond and disposition in security for £ granted by in favour of dated the and recorded in the register, you are hereby notified of the same, and desired and required to make payment to the said A.B. of the rents, maills, and duties due by you in respect of the occupancy of said subjects or part thereof.

[To be signed by the pursuer or his law agent, or messenger at arms, or sheriff officer.]

Section 8.

F1 SCHEDULE (D) S

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Textual Amendments

F1 Sch. D repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 13(8), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2