Defence Act, 1859

Form, &c. of conveyances to the Secretary of State for War of land in Scotland.

3. Feus and conveyances of lands and heritages in Scotland to be purchased by the said Secretary of State may be according to the form in the schedule (B.) to this Act, or as near thereto as the circumstances of the case admit; which feus and conveyances being duly executed and being registered in the register of sasines kept for the burgh, in which the lands and heritages are locally situated, or in the general register of sasines for Scotland kept at Edinburgh, within sixty days from the last date thereof, which the respective keepers of the said registers are hereby authorized and required to do, shall give and constitute a good and undoubted right, and complete and valid feudal title in all time coming, to the said Secretary of State and his successors, to the lands and heritages therein described or referred to and intended to be thereby conveyed, any law or custom to the contrary notwithstanding: Provided always, that it shall not be necessary for the said Secretary of State to record in any register of sasines any feus or conveyances in their favour which shall contain a procuratory of resignation or precept of sasine, or which may be completed by infeftment; and the title of the said Secretary of State under such last-mentioned feus or conveyances shall be regulated by the ordinary law of Scotland until the said feus or conveyances or the instruments of sasine thereon shall have been recorded in a register of sasines; provided also, that the rights and titles to be granted in manner herein mentioned in and to any lands and heritages in Scotland shall, unless otherwise specially provided for, in nowise affect or diminish the right of superiority in the same, which shall remain entire in the person granting such rights and titles; but in the event of such lands and heritages being a part or portion of other lands and heritages held by the same owner under the same titles, the said Secretary of State, his successors and assigns, shall not be liable for any feu duties or casualties to the superiors thereof, or be bound to enter with the said superiors.