ment of Sasine, which shall have Effect from the Date of the recording thereof, as if no previous Instrument or Instruments had been made or recorded. V. And be it enacted, That in all Deeds containing a Precept Forms of the of Sasine such Precept may be in the Form and as nearly as Precept and Instrument of may be in the Terms of the Schedule (A.) hereto annexed, and Sasine. the Instrument of Sasine on any such Deed shall be in the Form and as nearly as may be in the Terms of the said Schedule (B.) hereto annexed, which Precepts and Instruments of Sasine respectively shall be as valid and effectual as the Precepts and Instruments of Sasine heretofore in use. Precept from issued to No VI. And be it enacted, That where Infeftment is to be completed under a Precept issuing from the Office of Chancery, Chancery to be which Precept has hitherto been directed to the Sheriff of the taries upon County in which the Lands or some Part thereof lie, such Pre- Payment of cept shall, after the said First Day of October, be addressed to Retour Duties any Notary Public: Provided always, that such Precept shall and Casualties. Sheriff Clerks be null and void unless an Instrument of Sasine thereon be recorded in the General Register of Sasines, or the Register of Sasines applicable to the Lands therein contained, before the first Term of Whitsunday or Martinmas posterior to the Date of such Precept, without prejudice to a new Precept being issued as heretofore, and that before such Precept is issued from Chancery the Retour Duties and Casualties due to the Crown shall be paid to the proper Officer there, who shall account to the Exchequer for the same in like Manner as the Sheriffs were wont to do; and the same Officer shall also receive at the Fees to be paid same Time certain Fees on behalf of the Sheriffs, Sheriffs Sub- to Sheriffs and stitute, and Sheriff Clerks of the Counties in which the Lands for a limited lie, and on which Sasine would have been taken according to the Form heretofore in use, and to whom such Officer shall account for the same, in place of the Fees which they have heretofore been in use to receive, but such Fees shall be paid only during the Existence of the respective Interests of the present Sheriffs, Sheriffs Substitute, and Sheriff Clerks in their respective Offices; and the Lords of Council and Session are hereby authorized and required, by an Act or Acts of Sederunt, to regulate and determine the Amount of the Fees to be so received on behalf of each Sheriff, Sheriff Substitute, and Sheriff Clerk, having due Regard to the existing Interest of each. Period. sines to con VII. And whereas it is not hereby intended to make any Forms of Alterations in the Law with regard to Instruments of Sasine Burgage Sa • and Instruments of Cognition, and Sasine of Subjects held tinue as at preBurgage, or by any similar Mode of Tenure known and sent. 'effectual in Law, excepting as after specified;' be it enacted, That the Forms and Modes of Registration of these Instruments shall continue the same as at present, excepting only that the same shall be valid and effectual, if attested by the Town Clerk as a Notary without the Addition of his Docquet, and by the Witnesses, and that the Delivery of Symbols may lawfully be given, either on the Ground of the Subjects as [No. 33. Price 2d.] Kk here Instruments of ad remanentiam Instruments of Resignation in favorem abo lished. Interpretation of Act. Alteration of heretofore, or within the Council Chamber of the Burgh by Delivery of a Pen. VIII. And be it enacted, That Instruments of Resignation. ad remanentiam shall be written in the same Form as at present, but it shall be unnecessary for the Notary Public to adhibit his long Docquet to such Instruments; and further, that all Resignations ad remanentiam may be accepted by the Superior himself, or on his Behalf by his known Agent for the Time, or by any Person having a formal Commission for that Purpose. 6 IX. And whereas Instruments of Resignation in favorem, as separate Instruments intended merely to connect the Procuratory with the Charter of Resignation, are now rarely used in Practice, and are wholly unnecessary;' be it enacted, That from and after the said First Day of October the same shall be and are hereby abolished: Provided always, that the Deduction of Titles required by the Act of the Parliament of Scotland made in the Year One thousand six hundred and ninetythree, intituled Act anent Procuratories of Resignation and Precepts of Seisin, to be made in such Instruments, shall from and after the Date of this Act be made in the Charter of Resignation. X. And be it enacted, That in the Construction of this Act the Words "Notary Public" shall be held to mean a Notary Public in Scotland duly admitted and practising there; the Word "Deed" shall be held to include any Warrant or Document upon which Sasine may follow; and the Word "Lands," or the Words "Heritable Property," shall be held to include Houses, Fishings, Mills, Minerals, Patronages, Teinds, and in general all Heritable Subjects or Rights in which Infeftment may be taken; and all Words in the Singular Number shall be held to include a Plurality of Persons or Things; and in general this Act shall be construed in the most liberal Manner, so as to accomplish the Objects thereby intended. XI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament. SCHEDULES referred to in the foregoing Act. SCHEDULE (A.) FORM OF PRECEPT OF SASINE. Moreover I desire any Notary Public to whom these Presents may be presented to give to the said A.B. or his foresaids Sasine [or Life-rent Sasine, or Sasine in Life-rent and Fee respectively, as the Case may be,] of the Lands and others above disponed, if the Deed be granted under the Burden of a Real Lien or Servitude, or any other Incumbrance, Condition, or Qualification of the Right, or under Redemption, then there will be added here," but always under the Burden of the Real Lien," &c. (as the Case may be) before specified]. In witness whereof, &c. [here insert a Testing Clause in legal Form]. SCHE Ат SCHEDULE (B.) FORM OF INSTRUMENT OF SASINE. there was, by or on behalf of A.B. of Z., Esquire, presented to me, Notary Public subscribing, a Disposition [or other Deed, or an Extract of a Deed (as the Case may be)], granted by C.D. of Y., Esquire, and bearing Date as in the Precept of Sasine herein-after inserted, [here describe also any connecting Deed or Writ, or Extract thereof, in virtue of which the Sasine is to be given to A.B.] by which Disposition the said C.D. sold, alienated, and disponed to the said A.B. [or, to E.F. (as the Case may be)] and his Heirs and Assignees, [here insert the Destination, if any,] heritably and irredeemably, [or redeemably or in Life-rent, or otherwise (as the Case may be),] all and whole [here insert the Description of the Subjects conveyed; and if the Disposition by C.D. was not to A.B. himself, but is vested in him as Assignee, Heir, or Adjudger, or otherwise, in whole or in part, state the successive Transferences, and the Way in which he has Right thereto], which Disposition contains an Obligation to infeft [here state whether a se or de se, or both or either (as the Case may be),] and a Precept of Sasine in the following Terms [here insert the Precept, which may be either according to the Form at present in use, or according to the abbreviated Form in Schedule (A.)], in virtue of which Precept I hereby give Sasine [or Life-rent Sasine, or Sasine in Life-rent and Fee respectively] to the said A.B. of the Lands and others above described. [If the Precept of Sasine contains a Reference to a Real Burden, or to any Conditions or Qualifications of the Right, or to a Power of Redemption, then add, "but always under the Burden of the Real Right, &c. before specified."] In witness whereof I have subscribed these Presents, written on this and the preceding Pages by G.H., my Clerk, before these Witnesses, the said G.H. and J.K., Accountant in Edinburgh. L.M., Notary Public. CAP. XXXVI. An Act to continue for Five Years and to amend the WHEREAS, under and by virtue of several Acts of Parliament, divers Persons have compounded for their 'Assessed Taxes in Great Britain for a certain Time limited by the said Acts respectively, and their Contracts of Compo'sition have been from Time to Time renewed or continued for a further Term under and by virtue of several other Acts passed for that Purpose, and such Contracts will expire on Kk 2 the Duties to be paid on renewed Compositions. The additional Duty of Ten per Centum granted by 3&4 Vict. c. 17. to be charged on the Compo sition under this Act. Persons who, since com with the Commissioners of the same Division or of any other Division; and the Amount of Duty charged and now payable on the same Articles respectively comprised in the said former Composition, together with the additional Per-centage Rate or several additional Per-centage Rates of Duty also charged therein under the said former Acts in respect of the said Articles, shall form the aggregate Amount on which the following additional Rates of Duty shall respectively be computed and charged for the Renewal of such Composition under this Act; (that is to say,) where the Person who hath compounded as aforesaid hath increased his Establishment of Servants, Horses, Carriages, or other Articles upon which such Composition hath been made, but to such an Extent only that the Duties chargeable thereon under an Assessment would not exceed by more than One Fourth the total Amount of the Sum now payable on such Contract or Composition, there shall be payable annually a further additional Duty of One Shilling for every Twenty Shillings, and after that Rate for any greater or less Sum than Twenty Shillings of said aggregate Amount; and where such Person hath increased such his Establishment beyond the Extent aforesaid, but so that the Duties chargeable thereon under an Assessment would not exceed double the Sum now payable on such Contract of Composition, there shall be payable annually a further additional Duty of Two Shillings for every Twenty Shillings, and after that Rate for any greater or less Sum than Twenty Shillings of the said aggregate Amount; but no fractional Part of One Penny of the said respective additional Duties shall be payable under this Act: Provided always, that where the Person who hath compounded as aforesaid hath not increased such his Establishment so that the Duties chargeable thereon under an Assessment would exceed the total Amount of the Sum now payable on his Contract of Composition, no additional Rate of Duty shall be payable under this Act for the Renewal of such Composition. V. Provided always, and be it enacted, That the additional Duty of Ten per Centum granted and now payable under an Act passed in the Third Year of Her Majesty's Reign, intituled An Act for granting to Her Majesty Duties of Customs, Excise, and Assessed Taxes, shall be computed and charged upon and shall be payable over and above the gross aggregate Amount of all the Duties charged by this or any former Act or Acts upon or in respect of any Contract of Composition made or renewed under this Act. VI. And be it enacted, That no Contract of Composition shall be renewed under this Act with any Person who, since pounding, have increased their entering into such Contract, hath increased his EstablishEstablishments ment of Servants, Carriages, Horses, or other Articles upon more than which such Composition hath been made, so that the Duties double, or who have compound- chargeable on such Establishment, under an Assessment for the Year to commence from the Fifth Day of April One thousand eight hundred and forty-six, would amount to more than Duty than they double the Sum now payable under such Contract, nor with any ed on a less Amount of ought to have Person Person who hath compounded on a less Amount of Duty than done, not to ought to have been included in such Composition; but never- renew their theless it shall be lawful for any such Person, in either of the but may comCompositions, Cases aforesaid, after he shall have made a bona fide Return pound de novo. of the greatest Number of Servants, Carriages, Horses, and other Articles of his Establishment, according to the Laws in force relating to the Assessed Taxes, in order to an Assessment thereon for the Year to commence from the Fifth Day of April One thousand eight hundred and forty-six, and shall be duly assessed for that Year, to compound de novo on the Amount so assessed in respect of the Articles herein enumerated, together with the additional Duty chargeable on Contracts of Composition entered into under this Act. in their Estab VII. Provided always, and be it enacted, That no Person Persons who who hath compounded under the said former Acts, and who have comhath given or shall give Notice in this present Year in pur- former Acts pounded under suance of the said Acts of his Intention to discontinue any giving Notice Part of his increased Establishment of Servants, Carriages, of Reduction Horses, or other Articles in the Manner provided by the said lishment not to Acts, shall be allowed to renew his former Contract of Compo- renew their sition, or to enter into any new Contract of Composition under Compositions, but may comthis Act, except upon the Amount of an Assessment to be pound de novo. made on a bona fide Return of the greatest Number of Servants, Carriages, Horses, and other such Articles as aforesaid kept or used or employed by him in the Year commencing from the Fifth Day of April One thousand eight hundred and forty-five, together with the additional Duty chargeable thereon under this Act, in the same Manner as if such Person had not compounded under the said former Acts, notwithstanding the said Notice, or any thing contained in the said former Acts or in this Act. VIII. Provided also, and be it enacted, That no Composition Persons having shall be entered into under this Act with any Person who shall diminished have resided out of Great Britain before the passing of this ment during Act for a temporary Purpose only, and who shall be assessable their Residence to the said Duties, for the Year ending the Fifth Day of April abroad or One thousand eight hundred and forty-six, to a less Amount residing abroad than he was assessed before his Departure from Great Britain, pound. nor shall any Composition be entered into or renewed with any Person who shall be residing out of the United Kingdom. their Establish not to com and reduced novo on the IX. And be it enacted, That if any Person having com- Persons having pounded under the said former Acts shall have reduced his compounded Establishment so that he may be chargeable with a less Amount their Establishof Assessed Taxes for the Year commencing from the Fifth ments may Day of April One thousand eight hundred and forty-six than compound de the Amount of Duty compounded for, and shall by reason Assessment of thereof be desirous of waiving the said Composition, and of 1846. compounding de novo, it shall be lawful for him so to do, upon giving Notice in Writing of such his Intention to the Surveyor of Taxes for the District in which such Person shall reside, on or before the said Fifth Day of April One thousand eight hundred and forty-six, and annexing to such Notice a full, true, and complete Return or List of the greatest Number of Articles chargeable Kk 4 |