Conveyancing (Scotland) Act 1874
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Change 1
SCHEDULE K Form of Minute to be presented in Bill Chamber of Court of Session, or in Sheriff Court, for Warrant to charge an Heir or Disponee under a personal Obligation by his Ancestor or Author.
Warrant is craved, in virtue of the Conveyancing (Scotland) Act, 1874, at the instance of A.B. [name and design applicant], the creditor [if he is not the original creditor, or only a partial creditor, add, in virtue of (or to the extent and in virtue of) the assignation (or general disposition and notarial instrument or other writ or writs forming the title in the creditor’s person) in his favour after mentioned [under a bond and disposition in security over the lands of [specify shortly the lands,] for the principal sum of £ with corresponding interest and penalties, granted by C.D. [design him], then proprietor of the said lands, in favour of the said A.B. [or of G.H. (design him)as the case may be], and dated [state date] [and if recorded, say, and recorded in the register of sasines (state register and date of recording), or and instrument of sasine thereon recorded, &c., as the case may be ]; To charge E.F. [design him], the present proprietor of the said lands, and as such the present debtor in the said bond and disposition in security, to make payment to the said A.B. of the said principal sum of £ contained in and due by the said bond and disposition in security [if A.B. is only a partial creditor, say, of the principal sum of £ being the extent to which the said A.B. is in right of the said bond and disposition in security]: And also of the further sum of £ being the amount of the interest due thereon. Produced herewith the said bond and disposition in security [or an extract thereof from the books of council and session from the register of sasines; if the applicant is not the original creditor, the title in his own person to the security will also be stated and produced.] Dated the day of (Signed) A.B., W.S., Edinburgh, [or as the case may be]. The Clerk of the Bills, or Sheriff Clerk, as the case may be, will subjoin Fiat ut petitur. [To be dated and signed by the Clerk.]
SCHEDULE K Form of Minute to be presented in Bill Chamber of Court of Session, or in Sheriff Court, for Warrant to charge an Heir or Disponee under a personal Obligation by his Ancestor or Author.
Warrant is craved, in virtue of the Conveyancing (Scotland) Act, 1874, at the instance of A.B. [name and design applicant], the creditor [if he is not the original creditor, or only a partial creditor, add, in virtue of (or to the extent and in virtue of) the assignation (or general disposition and notarial instrument or other writ or writs forming the title in the creditor’s person) in his favour after mentioned [under a bond and disposition in security over the lands of [specify shortly the lands,] for the principal sum of £ with corresponding interest and penalties, granted by C.D. [design him], then proprietor of the said lands, in favour of the said A.B. [or of G.H. (design him)as the case may be], and dated [state date] [and if recorded, say, and recorded in the register of sasines (state register and date of recording), or and instrument of sasine thereon recorded, &c., as the case may be ]; To charge E.F. [design him], the present proprietor of the said lands, and as such the present debtor in the said bond and disposition in security, to make payment to the said A.B. of the said principal sum of £ contained in and due by the said bond and disposition in security [if A.B. is only a partial creditor, say, of the principal sum of £ being the extent to which the said A.B. is in right of the said bond and disposition in security]: And also of the further sum of £ being the amount of the interest due thereon. Produced herewith the said bond and disposition in security [or an extract thereof from the books of council and session from the register of sasines; if the applicant is not the original creditor, the title in his own person to the security will also be stated and produced.] Dated the day of (Signed) A.B., W.S., Edinburgh, [or as the case may be]. The Clerk of the Bills, or Sheriff Clerk, as the case may be, will subjoin Fiat ut petitur. [To be dated and signed by the Clerk.]
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