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UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
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Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015
ANNO SEXTO & SEPTIMO
GULIELMI IV. REGIS.
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CAP. XXXIII.
An Act to amend and regulate the Law of Scotland as to Erasures in Instruments of Sasine and o Resignation ad remanentiam.
[14th July looo.J
WHEREAS an Act of the Parliament of Scotland passed in the Year One thousand six hundred and seventeen, inti-tuled Anent the Registration qf Reversions, Seisms, and 16!/ other Writs, for the Purpose of establishing certain 1 ublic Registers, in which the various Sorts of Writings affecting Heritable Property therein enumerated or referred were to be made patent to the Pieces • and by Two other Acts of the Parliament of Scotland Sin the Year One thousand six hundred and sixty-nine and One thousand six hundred and eighty-one the Provisions in the foresaid Act are extended to Instruments of Resignation ad remanentiam, and to Writs affecting Heritable Iroperty within Royal Burghs • And whereas various Questions have arisen as to the Validity of Instruments of Sasine and Resignation ad remanentiam recorded in such Registers, founded on alleged Erasures in the said Instruments not patent to the Lieges nor appearing on the Record thereof whereby a Want of Confidence in the Secunty of the Land Rights of Scotland has been produced which oughtto>be "“oved:
Be it therefore enacted by the king s most Excellent Majc y, y and with the Advice and Consent of the Lords Spiritual and I em-4 O	porai,
330	6° & 7° GULIELMI IV. Cap.33.
No Challenge poral, and Commons, in this present Parliament assembled, and by of Instru-	^e Authority of the same, That no Challenge of any Instrument oi
meets of	Sasine or Resignation ad remanentiam shall hereafter receive Efleet,
iz'utration ad* either by Reduction or Exception, on the Ground that any Part of remanentiam	the said Instrument is written on an Erasure, unless it shall be
onaceountof	avel-red and proved that such Erasure had been made for the
Erasures.	purpose 0f Fraud, or the Record thereof is not conformable to the
Certain	Instrument as presented for Registration: Provided always, that
Judgments	nothing herein contained shall affect any Judgment pronounced
and Titles	before the Twelfth Day of May in the Year One thousand eight
n°}tobe	hundred and thirty-five, but that all Parties who before the said
affected.	Twelfth Day of May in the Year One thousand eight hundred and
thirty-five shall have objected judicially to the Validity of any such Instrument or Instruments, on the Ground of Erasure in any Suit in which Judgment was not pronounced on or before the said Twelfth Day of May One thousand eight hundred and thirty-five, shall be entitled to such Costs as the Court of Session in its Discretion shall think fit to direct: 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.
Act may be II. And be it enacted, That this Act may be altered, amended, or altered this repealed by any Act to be passed during the present Session of Session. parliament.
LONDON : Printed by George Eyre and Andrew Spottiswoode, Printers to the King’s most Excellent Majesty. 1836.
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