{
  "url": "https://openlegislation.uk/registration-of-leases-scotland-act-1857/section-20",
  "json_url": "https://openlegislation.uk/registration-of-leases-scotland-act-1857/section-20.json",
  "legislation": "ukpga/Vict/20-21/26",
  "legislation_title": "Registration of Leases (Scotland) Act 1857",
  "legislation_url": "https://openlegislation.uk/registration-of-leases-scotland-act-1857",
  "path": "section/20",
  "kind": "section",
  "number": "20",
  "heading": "Clauses in Schedules to be held to import and to have effect as declared by 10 & 11 Vict. c. 50.",
  "text": "The several clauses in the schedules to this Act annexed shall be held to import such and the like meaning and to have such and the like effect as is declared by the Act of the tenth and eleventh of Queen Victoria, chapter fifty, sections second and third, to belong to the corresponding clauses in the Schedule to the said recited Act annexed, and the procedure thereby prescribed for a sale under a bond and disposition in security shall be applicable to a sale of any such lease as aforesaid under any such assignation in security as is herein-before mentioned.\n2. The clause of assignation of rents to become due or payable shall be held to import an assignation to rents from and after the term from which interest on the sum in the bond commences to run in the fuller form now generally in use, including therein a power to the creditor, on default in payment, to enter into possession of the lands disponed in security and uplift the rents thereof, subject to accounting to the debtor for any balance of rents actually recovered beyond what is necessary for payment of the creditor; and the clause of assignation of writs shall be held to import an assignation to writs and evidents to the same effect as in the fuller form now in use in a bond and disposition in security with power of sale; and the clause of warrandice shall be held to import absolute warrandice as regards the lands and the title deeds thereof, and warrandice from fact and deed as regards the rents; and the clause consenting to registration for preservation and execution shall import a consent to registration and a procuratory for registration in the books of council and session, or other judge’s books competent for preservation, and that letters of horning or six days charge, and all other necessary execution, may pass on a decree to be interponed thereto; and the clause consenting to registration in the general or particular or burgh register of sasines shall entitle the creditor to register the said bond accordingly, either in the general register of sasines, or particular register of sasines, or burgh register of sasines, as the tenure of the lands embraced in the security may require.\n3. The clauses reserving right of redemption, and obliging the granter to pay the expences of assigning or discharging the security, and, on default in payment, granting power of sale, shall be in all respects as valid, effectual, and operative as if it had been in such bond and disposition in security specially provided and declared that the lands and others thereby disponed should be redeemable by the granter, his heirs and successors, from the grantee and his heirs and successors, at the term and place of payment, or at any term of WhitsundayorMartinmas thereafter, upon premonition of three months, to be made by the granter or his foresaids to the grantee or his foresaids, personally or at their dwelling places, if within Scotland, and if furth thereof at the time then at the office of the keeper of the record of edictal citations within the general register house, Edinburgh, in presence of a notary public and witnesses, and that by payment to them of the whole principal sum payable under the bond and disposition in security, interest due thereon, and liquidated expences and termly failures corresponding thereto, if incurred, and in case of their absence or refusal to receive the same, by consignation thereof, in one or other of the banks in Scotland, incorporated by Act of Parliament or Royal Charter, having an office or branch at the place of payment, to be made furthcoming on the peril of the consigner, the place of redemption to be within the office of such bank or branch thereof; and as if it had been thereby further provided and declared, that any discharge and renunciation, disposition and assignation, or other deed necessary, to be granted by the grantee or his foresaids, upon the granter or his foresaids making payment and redeeming as aforesaid, and also the recording thereof, should always be at the expence of the granter and his foresaids; and as if it had been thereby further provided and declared that if the granter or his foresaids should fail to make payment of the sums that should be due by the personal obligation contained in the said bond and disposition in security within three months after a demand of payment intimated to the granter or his foresaids, whether of full age or in pupillarity or minority, or although subject to any legal incapacity, personally, or at their dwelling places if withinScotland, or if furth thereof at the office of the keeper of the record of edictal citations above mentioned, by a notary public and witnesses, then and in that case it should be lawful to and in the power of the grantee or his foresaids, immediately after the expiration of the said three months, and without any other intimation or process at law, to sell and dispose, in whole or in lots, of the said lands and others by public roup, at Edinburghor Glasgow, or at the head burgh of the county within which the said lands and others, or the chief part thereof, are situated, or at the burgh or town sending or contributing to send a member to Parliament which, whether within or without the county, shall be nearest to such lands, or the chief part thereof, on previous advertisement stating the time and place of sale, and published once weekly for at least six weeks subsequent to the expiry of the said three months, in any newspaper published in Edinburgh, and also in any newspaper published in such county, or if there be no newspaper published in such county, then in any newspaper published in the next or a neighbouring county, the grantee being always bound, upon payment of the price, to hold count and reckoning with the granter or his foresaids for the same, after deduction of the principal sum secured, interest due thereon, and liquidated penalties corresponding to both which may be incurred, and all expences attending the sale, and for that end to enter into articles of roup, grant dispositions, containing all usual and necessary clauses, and in particular a clause binding the granter of the said bond and disposition in security, and his heirs, in absolute warrandice of such dispositions, and obliging him and them to corroborate and confirm the same, and to grant all other deeds and securities requisite and necessary by the laws of Scotlandfor rendering such sale or sales effectual, in the same manner and as amply in every respect as the granter could do himself; and as if it had been thereby further provided and declared that the said proceedings should all be valid and effectual whether the debtor in the said bond and disposition in security for the time should be of full age, or in pupillarity or minority, or although subject to any legal incapacity, and that such sale or sales should be equally good to the purchaser or purchasers as if the granter himself had made them, and also that in carrying such sale or sales into execution, it should be lawful to the grantee and his foresaids to prorogate and adjourn the day of sale from time to time as they should think proper, previous advertisement of such adjournment being given in the newspapers above mentioned once weekly for at least three weeks; and as if the granter had bound and obliged himself and his foresaids to ratify, approve of, and confirm any sale or sales that should be made in consequence thereof and to grant absolute and irredeemable dispositions of the lands and others so to be sold to the purchaser or purchasers, their heirs and assignees, and to execute and deliver all other deeds and writings necessary for rendering their rights complete.\n7. Any sale duly carried through in terms of this Act shall be as valid and effectual to the purchaser as if made by the granter of the security himself, and that whether the granter shall have died before or after such sale, and without the necessity of confirmation by him or his heirs, and notwithstanding that the party debtor in the security and in right of the lands at the time shall be in pupillarity or minority or subject to any legal incapacity: Provided always, that nothing herein contained shall be held to affect or prejudice the obligation of the granter and his heirs to execute, or the right of the creditor or purchaser to require the granter and his heirs to execute, any deed or deeds which, independently of this enactment, would at common law be necessary for rendering the sale effectual, or otherwise completing in due form the titles of such purchaser.\n8. The creditor, upon receipt of the price, shall be bound to hold count and reckoning therefor with the debtor and postponed creditor, if any such there be, and their heirs and assignees, or with any other party having interest, and to consign the surplus which may remain after deducting the debt secured, with the interest due thereon and penalties incurred, and whole expences attending such sale, and after paying all previous incumbrances and the expence of discharging the same, in one or other of the said banks, or in a branch of any such bank, in the joint names of the seller and purchaser, for behoof of the party or parties having best right thereto; and the particular bank in which such consignation is to be made shall be specified in the articles of roup.\n9. Upon a sale being carried through in terms of this Act, and upon consignation of the surplus of the price, if any be, as aforesaid, the disposition by the creditor to the purchaser shall have the effect of completely disencumbering the lands and others sold of all securities and diligences posterior to the security of such creditor, as well as of the security and diligence of such creditor himself.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Functions of Keeper of the Record of Edictal Citations now exercisable by such clerks and officers of the Court of Session as may be appointed from time to time: Reorganisation of Offices (Scotland) Act 1928 (c. 34), s. 8, S.R. & O. 1929/588 (Rev. XIX, p. 785: 1929, p. 1305) and Public Records (Scotland) Act 1937 (c. 43), s. 13"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 20 excluded by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 32, Sch. 8 para.6"
    },
    {
      "type": "X",
      "label": "X1",
      "text": "The Act 10 & 11 Vict. c. 50 which was repealed by Titles to Land Consolidation (Scotland) Act 1868 (c. 101), s. 4, contained the following sections which are reproduced for the purpose of construing this Act"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Vict/20-21/26/section/20",
    "retrieved_at": "2026-10-29T13:16:02.217485+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}