Titles to Land Consolidation (Scotland) Act 1868
1868 c. 101
An Act to consolidate the Statutes relating to the constitution and completion of titles to heritable property in Scotland, and to make certain changes in the law of Scotland relating to heritable rights.
[31st July 1868]
 Short title.
1 
This Act may be cited for all purposes as “The Titles to Land Consolidation (Scotland) Act 1868.”
 Commencement of Act.
2 
This Act shall take effect from and after the thirty-first day of December one thousand eight hundred and sixty-eight, unless in so far as it is herein appointed to take effect at an earlier date.
 Interpretation of terms.
3 
The following words and expressions in this Act, and in the schedules annexed to this Act, shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say,
 The words “grantor”,  “grantee,” “disponer,” “disponee,” “legatee,” “adjudger,” and “purchaser” shall extend to and include the heirs, successors, and representatives of  such grantor, grantee, disponer, disponee, legatee, adjudger, or purchaser respectively; and the word “successors” shall extend to and include heirs, disponees, assignees legal as well as voluntary, executors, and representatives:
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 The words “Sheriff of Chancery” shall extend to and include the Sheriff of Chancery and his substitute under this Act, or under the Act of the tenth and eleventh Victoria, chapter forty-seven; and the word “Sheriff” shall extend to and include the Sheriff Principal ...  of any sheriffdom ...  and the Sheriff and the Sheriff of Chancery and his substitute:
 The words “Sheriff Clerk of Chancery” shall extend to and include the Sheriff Clerk of Chancery acting under this Act, or who acted under the Act of the tenth and eleventh Victoria, chapter forty-seven, and the depute of such Sheriff Clerk; and the words “Sheriff Clerk” shall extend to and include the Sheriff Clerk of Chancery and the Sheriff Clerk ...  of the sheriff court district concerned...  and their respective deputes:
 ... the word “Prince” shall extend to and include the Prince and Steward of Scotland and his successors:
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 The word “deed” and the word “conveyance” shall each extend to and include all ... writs, dispositions, ... whether inter vivos or mortis causa, and whether absolute or in trust, ... heritable securities, reversions, assignations, instruments, decrees of constitution relating to land to be afterwards adjudged, decrees of adjudication for debt, and of adjudication in implement, and of constitution and adjudication combined, whether for debt or implement, decrees of declarator and adjudication, decrees of sale, and decrees of general and of special service ... and the summonses, petitions, or warrants on which any such decrees proceed, warrants to judicial factors, trustees, or beneficiaries of a lapsed trust, to make up titles to lands, and the petitions on which such warrants proceed, writs of acknowledgment, contracts of excambion, deeds of entail ... and all deeds, decrees, and writings by which lands, or rights in lands, are constituted or completed or conveyed, or discharged, whether dated, granted, or obtained before or after the passing of this Act, and official extracts of all deeds and conveyances; and all codicils, deeds of nomination, and other writings annexed to or endorsed on deeds or conveyances or bearing reference to deeds or conveyances separately granted, and decrees of declarator naming or appointing persons to exercise or enjoy the rights or powers conferred by such deeds or conveyances, shall be deemed and taken for the purposes of this Act to be parts of the deeds or conveyances to which they severally relate, and shall have the same effect in all respects as to the persons so named and appointed as if they had been named and appointed in the deeds or conveyances themselves:
 ...
 The word “instrument” shall extend to and include all notarial instruments ... and also all instruments of sasine, instruments of resignation ad remanentiam, instruments of resignation and sasine, and instruments of cognition and sasine, and instruments of cognition:
 The words “heritable security” and “security” shall each extend to and include all heritable bonds, bonds and dispositions in security, bonds of annual rent, bonds of annuity, and all securities authorized to be granted by the seventh section of the Debts Securities (Scotland) Act 1856, and all deeds and conveyances whatsoever, legal as well as voluntary, which are or may be used for the purpose of constituting or completing or transmitting a security over lands or over the rents and profits thereof, as well as such lands themselves and the rents and profits thereof, and the sums, principal, interest, and penalties secured by such securities, but shall not include securities by way of ground annual, whether redeemable or irredeemable, or absolute dispositions qualified by back bonds or letters:
 The word “creditor” shall extend to and include the party in whose favour an heritable security is granted, and his successors in right thereof:
 The word “debtor” shall include the debtor and his successors:
 The word “lands” shall extend to and include all heritable subjects, securities, and rights:
 The words “notary public” shall be held to mean a notary public duly admitted to practise in Scotland:
 The word “petitioner” shall extend to and include any person who may have presented or may present a petition within the meaning of this Act, or of any Act hereby repealed:
 The words “judicial factor” shall extend to and include judicial factors ... to persons under incapacity,  ..., factors loco absentis, and all judicial managers:
 ...
†Acts specified in Schedule (A.) repealed.
4 
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 In conveyances of land, etc. not held burgage, certain clauses may be inserted in the short forms given in Schedule (B.) No. 1.
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 Import of clause expressing manner of holding.
6 
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 In conveyances of burgage property certain clauses may be inserted in the forms given in Schedule (B.) No. 2.
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 Import of clauses in schedule (B.) Nos. 1 & 2.
8 
...  the clause of assignation of writs and evidents in  form No. 1  of schedule (B.) hereto annexed shall, unless specially qualified, be held to import an absolute and unconditional assignation to such writs and evidents ... therein contained, and to all unrecorded conveyances to which the disponer has right; and the clause of assignation of  rents  shall, unless specially qualified, be held to import an assignation to the rents to become due for the possession following the term of entry, according to the legal and not the conventional terms, unless in the case of forehand rents, in which case it shall be held to import an assignation to the rents payable at the conventional terms subsequent to the date of entry; and the clause of  warrandice  shall, unless specially qualified, be held to imply absolute warrandice as regards the lands and writs and evidents, and warrandice from fact and deed as regards the rents; and the clause of obligation to free and relieve from  public burdens  shall, unless specially qualified, be held to import an obligation to relieve of all  public  and local burdens due from or on account of the lands conveyed prior to the date of entry ... and the clause of consent to registration  shall, unless specially qualified, have the meaning and effect assigned  in the one hundred and thirty-eighth section of this Act.
 Conditions of entail may, in conveyances of entailed lands, be inserted by reference merely.
9 
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 Real burdens may be referred to as already in the register of sasines. 
10 
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11 

 Clause directing part of conveyance to be recorded.
12 
Immediately before the testing clause of any conveyance of lands, it shall be competent to insert a clause of direction, in or as nearly as may be in the form No. 1 of schedule (F.) hereto annexed, specifying the part or parts of the conveyance which the grantor thereof desires to be recorded in the register of sasines; and when such clause is so inserted in any conveyance, whether dated before or after the commencement of this Act, and ... is presented to the keeper of the appropriate register of sasines for registration,  the keeper may  record such part or parts only, together with the clause of direction and the testing clause ...: Provided that, notwithstanding such clause of direction, it shall be competent for the person entitled to present the conveyance for registration to record the whole conveyance, ....
 Several lands conveyed by the same deed may be comprehended under one general name. 
13 
Where several lands are comprehended in one conveyance in favour of the same person or persons, it shall be competent to insert a clause in the conveyance, declaring that the whole lands conveyed and therein particularly described shall be designed and known in future by one general name to be therein specified; and on the conveyance containing such clause, whether dated before or after the commencement of this Act, or on an instrument following thereon, whether dated before or after the commencement of this Act, and containing such particular description and clause, being duly recorded in the appropriate register of sasines, it shall be competent in all subsequent conveyances and deeds and discharges, of or relating to such several lands, to use the general name specified in such clause as the name of the several lands declared by such clause to be comprehended under it; and such subsequent conveyances and deeds and discharges of or relating to such several lands under the general name so specified shall be as effectual in all respects as if the same contained a particular description of each of such several lands, exactly as the same is set forth in such recorded conveyance or instrument: Provided always, that reference be made in such subsequent conveyances and deeds and discharges to a prior conveyance or instrument recorded as aforesaid, in which such particular description and clause are contained: Provided also, that it shall not be necessary in such clause to comprehend under one general name the whole lands contained in the conveyance in which such clause is inserted, but that it shall be competent to comprehend certain lands under one general name and certain other lands under another general name, it being clearly specified what lands are comprehended under each general name; and such reference shall be in or as nearly as may be in the terms set forth in schedule (G.) hereunto annexed.
 Certain clauses in entails no longer necessary.
14 
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 Instrument of sasine no longer necessary, but conveyance may be recorded instead.
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16 

 Not necessary to record the whole conveyance or discharge.
17 
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 Instrument of resignation ad remanentiam unnecessary, but in place thereof conveyance in favour of superior may be recorded.
18 
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 Notarial instruments in favour of general disponees.
19 
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 De praesenti words, or words of style, unnecessary in mortis causa deeds.
20 
From and after the commencement of this Act it shall be competent to any owner of lands to settle the succession to the same in the event of his death, not only by conveyances de praesenti, according to the existing law and practice, but likewise by testamentary or mortis causa deeds or writings, and no testamentary or mortis causa deed or writing purporting to convey or bequeath lands which shall have been granted by any person alive at the commencement of this Act, or which shall be granted by any person after the commencement of this Act, shall be held to be invalid as a settlement of the lands to which such deed or writing applies on the ground that the grantor has not used with reference to such lands the word “dispone,” or other word or words importing a conveyance de praesenti; and where such deed or writing shall not be expressed in the terms required by the existing law or practice for the conveyance of lands, but shall contain with reference to such lands any word or words which would, if used in a will or testament with reference to moveables, be sufficient to confer upon the executor of the grantor, or upon the grantee or legatee of such moveables, a right to claim and receive the same, such deed or writing, if duly executed in the manner required or permitted in the case of any testamentary writing by the law of Scotland, shall be deemed and taken to be valid as a settlement on a grantee or legatee of the lands to which it applies; and the executor of the grantor may complete title to such lands by expeding and recording a notarial instrument as aforesaid: Provided always, that nothing herein contained shall be held to confer any right to such lands on the successors of any such grantee or legatee who shall predecease the grantor, unless the deed or writing shall be so expressed as to give them such right in the event of the predecease of such grantee or legatee.
 Trustee or executor to apply lands for purposes of trust or will.
21 
Where such testamentary or mortis causa deed or writing shall be conceived in favour of a grantee as trustee or executor of the grantor, and shall not be expressed to be wholly in favour of such trustee or executor for his own benefit, such trustee or executor shall apply such whole lands for the purposes specified in such deed or writing; and where such purposes cannot, in whole or in part, be carried into effect, or where no purposes with reference to such lands have been or shall be specified in such deed or writing, such trustee or executor shall convey such lands, or so much thereof, or shall apply so much of the proceeds thereof, if such lands shall have been sold and realized by him, as may not be required for the purposes of such deed or writing, to or for behoof of the person or the successors of the person who, but for the passing of this Act and the granting of such deed or writing, would have been entitled to succeed to such lands on the death of such grantor.
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22 

 Notarial instruments in favour of parties acquiring rights to unrecorded conveyances.
23 
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 Mode of completing title by a judicial factor on a trust estate, &c. 
24 
Where in a petition to the Court of Session for the appointment of a judicial factor authority has been or shall be asked for the completion of a title by such factor to any lands forming the whole or part of the estate to be managed by such judicial factor, or where a judicial factor has applied or shall apply, by petition or note to the said Court, for authority to complete a title to such lands, either in his own person as judicial factor, or in the person of any person under legal disability by reason of nonage, or person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960 to whom he may have been appointed judicial factor, and where any petition or note has specified and described or shall specify and describe the lands to which such title is to be completed, or has referred or shall refer to the description of the same, in the form, or as nearly as may be in the form ...  of schedule (G.) hereto annexed, as the case may be, the warrant granted for completing such title shall also so specify and describe the lands to which such title is to be completed, or shall so refer to the description thereof; and such warrant shall be held to be a conveyance in due and common form of the lands therein specified in favour of such judicial factor granted by the person, whether in life or deceased, whose estate is under judicial management, or where the estate is that of a person under legal disability by reason of nonage, or person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960 in whose person a title has not been made up, such warrant shall be held to be such a conveyance in favour of the person under legal disability by reason of nonage, or person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960 or of the judicial factor appointed to such person under legal disability by reason of nonage, or person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960 as the case may be, granted by a predecessor or author having such title, or where such judicial factor has been or shall be appointed on an estate which shall have been vested in a trustee or former judicial factor, such warrant shall be held to be such a conveyance granted by such trustee or former factor, whether in life or deceased, for the purposes of such estate or trust, or factory ...  and such warrant may ... be recorded in the appropriate register of sasines as a conveyance in favour of such judicial factor, or person under legal disability by reason of nonage, or person suffering from mental or other incapacity or of the factor on his estate, and being so recorded shall have the same force and effect as if at the date of such recording such conveyance had been granted to the judicial factor, or person under legal disability by reason of nonage, or person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960 or the judicial factor appointed to such person under legal disability by reason of nonage, or person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960 as the case may be, and recorded in the appropriate register of sasines: Provided always, that for enabling the person in whom such lands were last vested, or his representatives, or other parties interested, to bring forward competent objections against such warrant being granted, or claims upon the estate, the Court shall order such intimation and service of the petition or note as to them shall seem proper: Declaring always, that the whole enactments and provisions herein contained shall extend and apply to all petitions to and warrants by the Court of Session under the Trusts (Scotland) Act 1921 unless in so far as such provisions and enactments may be inapplicable to the form or objects of such petitions or warrants.
 Deduction of title by liquidator
25 
The liquidator in the winding up of a company shall, for the purposes of sections 3 (disposition etc. by person with unrecorded title) and 4 (completion of title) of the Conveyancing (Scotland) Act 1924 (c.27)

								(including those sections as applied to registered leases by section 24 of that Act), be taken to be a person having right to any land belonging to the company.
 Heritable property conveyed for religious or educational purposes to vest in disponees or their successors.
26 
Wherever lands have been or may hereafter be acquired by any congregation, society, or body of men associated for religious purposes, or for the promotion of education, including the general assemblies, synods, and presbyteries of the Established Church of Scotland, and of all other Presbyterian churches in Scotland, as a chapel, meeting house, or other place of worship, or as a manse or dwelling house for the minister of such congregation or society or body of men, or offices, garden, or glebe for his use, or as a schoolhouse or schoolmaster’s house, garden, or playground, or as a college, academy, or seminary, or as a hall or rooms for meeting for the transaction of business, or as part of the property belonging to such congregation, society, or body of men, and wherever the conveyance or lease of such lands has been or may be taken in favour of the moderator, minister, kirk session, vestrymen, deacons, managers, or other office bearers or office bearer of such congregation or society or body of men, or any of them, or of trustees appointed or to be from time to time appointed, or of any party or parties named in such conveyance or lease in trust for behoof of the congregation or society or body of men, or of the individuals comprising the same, such conveyance, when recorded ... in terms of this Act, or such lease, shall not only vest the party or parties named therein in the lands, thereby ... conveyed, or leased, but shall also, after the death or resignation or removal from office of such party or parties, or any of them, effectually vest their successors in office for the time being chosen and appointed in the manner provided or referred to in such conveyance or lease, or if no mode of appointment be therein set forth or prescribed, then in terms of the rules or regulations of such congregation or society or body of men, in such lands, subject to such and the like trusts and with and under the same powers and provisions as are contained or referred to in the conveyance or lease given and granted to the parties disponees or lessees therein, and that without any transmission or renewal of the investiture whatsoever, anything in such conveyance or lease contained to the contrary notwithstanding: And the provisions of this section shall apply also to all trusts for the maintenance, support, or endowment of ministers of religion, missionaries, or schoolmasters, or for the maintenance of the fabric of churches, chapels, meeting houses, or other places of worship, or of manses or dwelling houses or offices for ministers of the gospel, or of schoolhouses or schoolmasters houses, or other like buildings.
 Application for declarator of succession as heir in general or to specified lands
26A 
On an application being made by any person having an interest, the Sheriff of Chancery may, if satisfied that—
(a) such deceased person as may be specified in the application died before 10th September 1964 and that person either—
(i) was domiciled in Scotland at the date of his death; or
(ii) was the owner of lands situated in Scotland to which the application relates; and
(b) the applicant, or as the case may be such person as may be specified in the application, has succeeded as heir to that deceased, and is either—
(i) heir in general; or
(ii) heir to such lands as may be specified in the application,grant declarator that the applicant, or as the case may be such person as may be specified in the declarator, is the heir in general or heir to the lands so specified.
 Application for declarator of succession as heir to last surviving trustee under a trust
26B 
On an application being made under this section, the Sheriff of Chancery may, if satisfied that—
(a) such deceased person as may be specified in the application was the last surviving trustee named in, or assumed under, a trust;
(b) the trust provides for the heir of such last surviving trustee to be a trustee;
(c) either—
(i) the trust is governed by the law of Scotland; or
(ii) lands subject to the trust and to which the application relates are situated in Scotland; and
(d) the applicant has succeeded as heir to the deceased,grant declarator that the applicant is the heir of the deceased and accordingly is a trustee under the trust.
Construction of reference to service of heir
26C 
A reference in any enactment or deed to a decree of service of heir (however expressed) shall include a reference to a declarator granted under section 26A or 26B of this Act.
 Services to proceed by petition to the Sheriff.
27 
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 Petition to be presented to the Sheriff of the county or to the Sheriff of Chancery.
28 
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29 

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30 

 Caveats to be received.
31 
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 Petition of service to be equivalent to a brieve and claim.
32 
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 Procedure before the Sheriff, and the effect of his judgment.
33 
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34 

 Competing petition may be presented, and Sheriff, after receiving evidence, give judgment.
35 
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 Recording and extract of judgment.
36 
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 The extract decree to be equivalent to an extract retour.
37 
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 Transmission of records.
38 
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39 

 No person entitled to oppose a service who could not appear against a brieve of inquest.
40 
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 Appeal for jury trial.
41 
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 Where Sheriff refuses to serve petitioner, &c., judgment may be reviewed.
42 
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 Procedure when a decree of service is brought under reduction.
43 
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 Forms and effect of procedure in the Court of Session.
44 
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 The Court of Session Act 1868, to apply to appeals and reductions, &c. under this Act.
45 
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 A decree of special service, besides operating as a retour, shall have the operation and effect of a disposition from the deceased to his heirs and assignees.
46 
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 A special service not to infer a general representation, either active or passive.
47 
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 Petitioner for special service may petition for general service.
48 
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49 

 Jurisdiction of the Sheriff of Chancery.
50 
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 Power to the Court of Session to pass acts of sederunt.
51 
It shall be competent to the ... Court of Session and they are hereby authorized and required from time to time to pass such acts of sederunt as shall be necessary or proper for regulating in all respects the proceedings under this Act before the Sheriff of Chancery ....
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52 

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53 

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54, 55. 

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56, 57. 

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58 

 Unnecessary to libel and conclude for decree of special adjudication.
59 
“Whereas it is inconvenient in practice to libel and conclude for general adjudication of lands as the alternative only of special adjudication, in terms of an Act of the Parliament of Scotland passed in the year one thousand six hundred and seventy-two:” It shall not be necessary to libel or conclude for special adjudication, and it shall be lawful to libel and conclude and decern for general adjudication without such alternative, anything in the said last-recited Act of the Parliament of Scotland, or in any other Act or Acts of the Parliament of Scotland or of Great Britain or of the United Kingdom of Great Britain and Ireland, to the contrary notwithstanding.
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60, 61. 

 Effect of a decree of adjudication or sale.
62 
In all cases a decree of adjudication, whether for debt or in implement, or a decree of constitution and adjudication, whether for debt or in implement, if duly obtained in the form prescribed by this Act, or obtained, if prior to the commencement of this Act, in the form then in use, or a decree of declarator and adjudication, or a decree of sale, shall, except in the case where the subjects contained in the decree of adjudication, or of constitution and adjudication, or of declarator and adjudication, are heritable securities, be held equivalent to and shall have the legal operation and effect of a conveyance in ordinary form of the lands therein contained granted in favour of the adjudger or purchaser by the ancestor of such apparent heir, or by the owner or proprietor in trust or otherwise, and whether in life or deceased, of the lands adjudged, or by the seller of the lands sold, although under legal disability by reason of nonage or mental or other incapacity . . .  and it shall be lawful and competent to such adjudger or purchaser to complete  title by recording the decree as a conveyance or by using the decree as a midcouple or link of title.
 Signatures for Crown writs abolished.
63 
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 Crown writs to be obtained by lodging a draft thereof and note along with the title deeds.
64 
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 Draft Crown writ to be revised.
65 
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 Rectification of mistakes in former titles.
66 
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†Intimation of proposed rectification to be made to solicitor for Commissioners of Woods and Forests.
67 
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 Presenter of signatures, &c. may refer to copy of writ when withheld. 
68 
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 Amount of Crown duties to be fixed.
69 
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 Clerk’s fees.
70 
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 Copy of revised draft to be furnished to the party.
71 
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 If no objections, the revised draft to be attested, and the Crown writ prepared.
72 
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 Crown writs may be applied for at any time.
73 
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 Objections, if any, to draft Crown writ to be by a note.
74 
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 Objections, how to be disposed of.
75 
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 Procedure if objections repelled.
76 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Refusal to revise, how to be complained of.
77 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Crown writ as revised to be engrossed and delivered.
78 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Crown writ to be valid.
79 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80—82. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
†Crown writs and Crown charters may be in the forms given in Schedule (T.).
83 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
84—86. 
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Register of Crown writs to be kept.
87 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
†Crown charters or writs of novodamus, how to be obtained. 
88 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Writs to be in the English language.
90 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Court of Session to frame regulations.
91 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Power to Prince and Steward of Scotland to appoint his own presentor of signatures, &c.
93 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94, 95. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Substitute to be appointed to Sheriff of Chancery, &c. in event of absence or disability.
96 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97—99. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 All writs and charters from subject superior may refer tenendas and reddendo.
100 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101—103. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Where subject superior’s title incomplete, owner may in certain cases apply to Lord Ordinary on the Bills to ordain superior to complete his title and grant an entry under pain of forfeiture.
104 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Owner may in such case apply to Lord Ordinary on Bills to authorize application for an entry by the Crown or mediate over superior as in vice of the recusant superior.
105 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Lands to be held temporarily of the Crown or mediate superior.
106 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 The party in right of the superiority may lodge a minute tendering relinquishment of his right, and if accepted by the petitioner the Lord Ordinary may interpone his authority.
107 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Over superior’s rights not to be extended or affected.
108 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Vassal obtaining or accepting forfeiture or relinquishment of superiority to be liable for its value, but forfeiture, &c. not to infer representation.
109 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Mode of relinquishing superiorities.
110 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Investiture by over superior.
111 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Applications of price of entailed superiorities.
112 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Providing for payment in lieu of casualties of superiority in case of lands conveyed for religious purposes.
113 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
†Writs of confirmation &c. by subject superiors to be tested.
114 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

115 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
†Stamp duty on writs of confirmation, &c. 1857 c. 26.
116 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Heritable security in succession of creditor in the security
117 
In the succession of the creditor in a heritable security, the security shall be moveable estate; except that in relation to the legal rights of the spouse, or of the descendants, of the deceased it shall be heritable estate.
 Bonds and dispositions in security may be granted in the form No. 1. of Schedule (FF.) 
118 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Explanation of clauses in Schedule (FF.) No. 1. 
119 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Securities may be registered during lifetime of grantee, or title completed after his death.
120 
Heritable securities ... may be registered in the appropriate register of sasines at any time during the lifetime of the grantee, and shall in competition be preferred according to the date of the registration thereof ....
 Sale carried through in terms of this Act to be valid to the purchaser. 
121 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Creditors selling to count and reckon for the surplus of the price and to consign the same in the bank. 
122 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 On sale, &c. lands to be disencumbered of the security. 
123 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Securities to be transferred in the form prescribed. 
124 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Completion of title of executors, &c. of creditor dying intestate.
126 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Executor nominate or disponee mortis causa may complete title by notarial instrument.
127 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

128 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Adjudgers may complete their title by recording abbreviate of adjudication.
129 
In all cases of adjudication, whether for debt or in implement, or of constitution and adjudication whether for debt or in implement, in which the adjudger has obtained a decree of adjudication or of constitution and adjudication in the manner and to the effect provided by this Act, or in cases of declarator and adjudication, where the subjects contained in any such decree are heritable securities, it shall be competent for the adjudger to complete his title to such securities by recording either the abbreviate of adjudication or an extract of such decree in the appropriate register of sasines, in either of which cases he shall be in the same position as if an assignation of such heritable securities had been granted in his favour by the ancestor or person or creditor in trust or otherwise, and whether in life or deceased, whose estate is adjudged, and as if such assignation had been duly recorded in the appropriate register of sasines at the date of so recording such abbreviate or such extract decree.
 Unregistered security or assignation to be available to executors, &c. of grantee.
130 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Act not to affect liability of debtors on their lands.
131 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 How any heritable security may be renounced or discharged. 
132 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Heritable security how restricted. 
133 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Act to apply to all heritable securities.
134 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Parties may use the present forms if they see fit.
135 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

136 
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Act to apply to lands held by any description of tenure.
137 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Short clauses of consent to registration may be used in any deed. 
138 
The short clauses of consent to registration for preservation, and for preservation and execution, contained in  form No. 1  of schedule (B.) hereto annexed, when occurring in any deed or conveyance under this Act, or in any deed or writing or document of whatsoever nature, and whether relating to lands or not, shall unless specially qualified import a consent to registration and a procuratory of registration in the books of council and session, or other judges books competent, therein to remain for preservation; and also, if for execution, that , upon the issue of an extract containing a warrant for execution, all lawful execution shall pass thereon.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139 

 Additional sheets may be added to writs.
140 
In all cases where writs or deeds of any description are by this or any other Act permitted or directed to be engrossed on any conveyance or deed, it shall be competent, when necessary, to engross such deeds or writs on a sheet or sheets of paper, or of whatever other material the conveyance itself consists, added to such conveyance, provided that the engrossing of the deed or writ shall be commenced on some part of the conveyance or deed itself on which it is permitted or directed to be engrossed; and the first of such additional sheets shall be chargeable with the stamp duty applicable to the writ or deed partly engrossed thereon ....
†All deeds, &c. recorded in register of sasines to have warrants of registration endorsed, except certain burgage deeds. 
141 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Recording of conveyances in the register of sasines authorized.
142 
All conveyances and deeds ... authorized to be recorded in the register of sasines, may ... be recorded at any time in the life of the person on whose behalf the  application for registration of such conveyance or deed is made and on such application the conveyance or deed  shall be presented for registration and  when presented for registration shall be forthwith shortly registered in the minute books of the said register in common form, and shall with all due despatch be fully registered in the register books, and thereafter redelivered to the parties with certificates of due registration thereon, which shall specify the date of presentation, and the book and folios in which the engrossment has been made ...  and shall be probative of such registration, and when so registered shall in competition be preferable according to the date of registration, and the date of entry in the minute book shall be held to be the date of registration: Provided, that where two or more applications for registration of  deeds or conveyances ...  shall be received by the keeper of the register of sasines on the same day, the entries ... in the presentment book and minute book for the conveyances or deeds in respect of which such applications are made  shall be of the same year, month, and day, and such deeds and conveyances shall be deemed and taken to be presented and registered contemporaneously; ... 
Recording anew
143 
Where there is an error or defect in recording a deed or conveyance in the Register of Sasines it shall be competent to record it anew.
 Recorded instruments not to be challenged on the ground of erasures.
144 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Not competent to challenge existing warrants of registration on certain grounds.
145 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Obligations appointed to be inserted in instruments of sasine shall be inserted in notarial instruments. 
146 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Prohibition against sub-infeudation not to be affected.
147 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

148 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

149 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Debts affecting lands exchanged for other lands to affect such other lands in lieu thereof.
150 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

151 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Provision for lands in the burgh of Paisley held by booking tenure.
152 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

153 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Official acts of town clerks and keepers of registers of sasines not to be affected by their personal interests in recorded writs. 
154 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date on which inhibition takes effect
155 

(1) An inhibition has effect from the beginning of the day on which it is registered unless the circumstances referred to in subsection (2) below apply.
(2) Those circumstances are—
(a) a notice of inhibition is registered in the Register of Inhibitions;
(b) the schedule of inhibition is served on the debtor after that notice is registered; and
(c) the inhibition is registered before the expiry of the period of 21 days beginning with the day on which the notice is registered.
(3) In those circumstances the inhibition has effect from the beginning of the day on which the schedule of inhibition is served.
(4) A notice of inhibition must be in (or as nearly as may be in) the form prescribed.
 Short form of letters of inhibition.
156 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 No inhibition to have effect against acquirenda, unless in case of heir under entail or other indefeasible title.
157 
No inhibition to be recorded from and after the thirty-first day of December one thousand eight hundred and sixty-eight shall have any force or effect as against any lands to be acquired by the person or persons against whom such inhibition is used after the date of recording such inhibition, or of recording the previous notice thereof prescribed by this Act, as the case may be: Provided always, that where such inhibition is used against a person or persons who shall thereafter succeed to any lands which, at the date of recording the inhibition or previous notice thereof, as the case may be, were destined to such person or persons by a deed of entail, or by a similar indefeasible title, then and in that case such inhibition shall affect the said person or persons in so far as regards the lands so destined, and to which he or they shall succeed as aforesaid, but no further.
 Inhibitions on depending summons to be recalled on petition to Lord Ordinary.
158 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Litigiosity not to begin before date of registration of notice of summons. 
159 

(1) It shall be competent to register in the general register of inhibitions a notice of any signeted summons of reduction of any conveyance or deed of or relating to lands, and in the register of adjudications a notice of any signeted summons of adjudication or of constitution and adjudication combined for debt or in security or in implement, which notice shall  be in (or as nearly as may be in) the form prescribed; and no summons of reduction, constitution, adjudication, or constitution and adjudication combined, shall have any effect in rendering litigious the lands to which such summons relates, except from and after the date of the registration of such notice.
(2) A notice registered under subsection (1) on or after the date on which section 67 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (warrant to place a caveat) comes into force shall not have any effect in rendering litigious any land a title sheet for which is comprised in the Land Register of Scotland or in placing in bad faith any person acquiring such land.
Registration of notice of summons of action of reduction
159A 

(1) This section applies where a pursuer raises an action of reduction of a conveyance or deed of or relating to lands granted in breach of an inhibition.
(2) The pursuer shall, as soon as is reasonably practicable after the summons in the action is signeted—
(a) register a notice of that signeted summons in accordance with section 159 of this Act; and
(b) ... record in the Register of Sasines a copy of that notice.
(3) Where a decree of reduction is not obtained in the action to which the notice relates, the pursuer shall, as soon as is reasonably practicable—
(a) register in the Register of Inhibitions; and
(b) ... record in the Register of Sasines,
a discharge of that notice in (or as nearly as may be in) the form prescribed.
(4) This section does not apply in relation to lands for which there is a title sheet in the Land Register of Scotland.
Power of the Scottish Ministers to prescribe forms
159B 

(1) In sections 155, 159 and 159A of this Act,  “prescribed” means prescribed by the Scottish Ministers by regulations.
(2) The power conferred on the Scottish Ministers to make regulations under subsection (1) above is exercisable by statutory instrument.
(3) A statutory instrument containing regulations made under subsection (1) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.

160 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
 Judgment of Lord Ordinary on the Bills subject to review of Inner House, and judgments in certain cases to be final.
161 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Court of Session may fix and regulate fees.
162 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Old forms of conveyances may be used.
163 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 SCHEDULES referred to in foregoing Act
SCHEDULE (A.)
No.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

No. 2. C A P. XXXV.
 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE (B.)
No. 1
 Formal Clauses of a Disposition of Land, etc . . . . 
[After the inductive and dispositive clauses, the deed may proceed thus:] With entry at the term of [here specify the date of entry];... ...  and I assign the writs, and have delivered the same according to inventory; and I assign the rents; and I bind myself to free and relieve the said disponee and his foresaids of all ... public burdens; and I grant warrandice; and I consent to registration hereof for preservation [orfor preservation and execution]. Testing clause+.

+Note— In the case of a traditional document, subscription of it by the granter  will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 , which also makes provision as regards the authentication of an electronic document.

Note.- The clauses are assumed here as occurring in a disposition, but they may be used in other deeds and conveyances; and in the event of it being necessary to omit, vary, or qualify any one or more of them, this may be done, and the other clauses may be retained

No. 2
 Formal Clauses of a Disposition of Land, etc., held Burgage
...

SCHEDULE (C.)
 Clause of Reference to Destinations and Conditions of Entail, etc.
...

SCHEDULE (D.)
 Clause of Reference to Real Burdens, Conditions, &c., in Investiture
...

SCHEDULE (E.)

...

SCHEDULE (F.)
No. 1
 Clause of Direction specifying Part of Deed which Grantor desires to be recorded
And I direct to be recorded in the register of sasines the part of this deed from its commencement to the words [insert words] on the line of the page [and also the part from the words [insert words] on the line of the page to the words [insert words] on the line of the page]. [Or,I direct the whole of this deed to be recorded in the register of sasines, with the exception of the part [or parts, as the case may be, specifying the part or parts excepted, as above].]

No. 2...

SCHEDULE (G.)
 Clause of Reference to Conveyance, containing general Designation of Lands.
[After giving the general name or names of the lands and the name of the county, or burgh and county, as the case may be, add] as particularly described in the disposition [or other deed, as the case may be]  granted by C.D.,and bearing date [here insert date], and recorded in the [specify the register of sasines]on the day of in the year , and in which the lands hereby conveyed are declared to be designed and known by the said name of, [here insert name], [or “as particularly described in the instrument (specify instrument) recorded, &c., and in which the lands hereby conveyed are declared.” &c.] [If part only of lands is conveyed, then follow form for similar case given in schedule (E.)]

SCHEDULE (H.)

...

SCHEDULE (I.)

...

SCHEDULE (J.)
 Notarial Instrument in favour of Disponee or his Assignee, &c.
...

SCHEDULE (K.)
 Instrument of Resignation ad Remanentiam
...

SCHEDULE (L.)
 Notarial Instrument in Favour of a General Disponee, or his Assignee, &c.
...

SCHEDULE (M.)

...

SCHEDULE (N.)
 Notarial Instrument in favour of an Assignee to an Unrecorded Conveyance, to be recorded along with the Conveyance
...

SCHEDULE (O.)
 Notarial Instrument in favour of a Trustee in a Sequestration or of Liquidators of Joint Stock Companies
...


          SCHEDULE (P.)
 Form of Petition of General Service
...


          SCHEDULE (Q.)
 Form of Petition of Special Service
...

SCHEDULE (R.)

...

SCHEDULE (S.)

...

SCHEDULE (T.)
No. 1...

No. 2
 Crown Charter of Resignation
...

No. 3...

No. 4
 Crown Charter of Confirmation
...

SCHEDULE (U.)

...

SCHEDULE (V.)

...

SCHEDULE (W.)

...

SCHEDULE (X.)
No. 1
 Petition to the Lord Ordinary for Forfeiture of Superiority where Reddendo does not exceed Five Pounds
...



No. 2
 Interlocutor by Lord Ordinary on above Petition
...

No. 3
 Decree by Lord Ordinary on above Petition
...

SCHEDULE (Y.)
No. 1
 Petition to the Lord Ordinary for Forfeiture of Feu Duties under or above Five Pounds
...



No. 2
 Interlocutor by Lord Ordinary in above Petition
...

No. 3
 Decree by Lord Ordinary in above Petition
...

No. 4
 Finding for Expenses in above Petition
...

SCHEDULE (Z.)
No. 1
 Writ of Confirmation on Decree of Forfeiture in case of Feu Duties above Five Pounds
...



No. 2
 Writ of Resignation on Decree of Forfeiture in case of Feu Duties above Five Pounds
...

SCHEDULE (AA.)
Nos. 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

No. 3
 Writ of Clare constat proceedings on a Decree of Forfeiture or Relinquishment
...

SCHEDULE (BB.)
No. 1
 Form of Minute of Relinquishment of Superiority by Apparent Heir
...





No. 2
 Minute of Acceptance of above Relinquishment
...

No. 3
 Decree of Lord Ordinary following on the above Minutes
...

SCHEDULE (CC.)
No. 1
 Deed of Relinquishment of Superiority
...



No. 2
 Acceptance by Vassal written on Deed of Relinquishment
...



No. 3
 Crown Writ of Investiture written on Deed of Relinquishment
...

SCHEDULES (DD.), (EE.)

...

SCHEDULE (FF.)
No. 1
 Form of a Bond and Disposition in Security
...

No. 2
 Form of Schedule of Intimation, Requisition, and Protest
...







No.3
 Certificate by Notary on Copy of foregoing Schedule
...



SCHEDULE (GG.)
 Form of Assignation of a Bond and Disposition in Security consti tuted by Infeftment
...

SCHEDULE (HH.)
 Form of Instrument in favour of an Assignee to an Heritable Security following on a Deed granted for further Purposes or Objects.
...

SCHEDULE (II.)

...

SCHEDULE (JJ.)
 Form of Instrument in favour of an Executor or Heir of a Creditor who died intestate in right of an Heritable Security
...

SCHEDULE (KK.)
 Form of Instrument in favour of the Executors or Executor nominate, or of the Disponee or Legatee of a Creditor in right of an Heritable Security
...

SCHEDULE (LL.)
 Form of Instrument in favour of a Trustee on a sequestrated Estate, or of Liquidators of a Joint Stock Company in right of an Heritable Security
...

SCHEDULE (MM.)
 Form of Instrument of an Unrecorded Bond and Disposition in Security, or Unrecorded Assignation in Favour of the Executor or Disponee, or Assignee, or Legatee, or Heir of the Creditor
...

SCHEDULE (NN.)
 Form of Discharge of Bond and Disposition in Security, &c.
...

SCHEDULE (OO.)
 Form of Deed of Restriction of an Heritable Security
...

SCHEDULE (PP.)
 Notice of Inhibition
Notice of letters of inhibition [orof summons containing inhibition,as the case may be]—A.B. [insert designation of the inhibitor] against C.D. [insert designation of the inhibited].—Signeted [insert date of signeting].

E.F., W.S. [or S.S.C.] Agent.

SCHEDULE (QQ.)

...

SCHEDULE (RR.)
 Notice of Summons of Reduction, Adjudication, &c.
Notice of summons of reduction [orof adjudication,orof constitution and adjudication,as the case may be].—A.B. [insert designation of pursuer] against C.D. [insert designation of defender] Signeted [insert date of signeting].

The summons relates to [insert description of lands].

E.F., W.S.[or S.S.C.], Agent.
