Amendment. FORM NO. 4. FORM OF CERTIFICATE WHERE LAND HAS BEEN REDEEMED OF A A.D. 1924. I, A.B. (designation), notary public (or law agent), hereby Section 32. 5 certify that C.D. (designation), proprietor (or as the case may be), of the lands and others (or subjects) contained in the bond and disposition in security (or other heritable security) aftermentioned [or that X.Y. (designation), the debtor in the bond and disposition in security (or other heritable security) aftermentioned] represented 10 to me that on the (insert date) he caused to be consigned in the (specify bank or branch of bank in which the money was consigned) the sum of (insert amount consigned) being the cumulo amount (or the balance) of the principal sum, interest and expenses (or as the case may be) due (or remaining due) under the said bond 15 and disposition in security (or other heritable security) conform to deposit receipt dated (insert date) by the said bank for said amount in the name of E.F. (designation), the creditor in (or now in right of) the said bond and disposition in security (or other heritable security) [if he is only a partial creditor say to the 20 extent of (insert amount)], which consignation was made in virtue of the power of redemption reserved in the bond and disposition in security for the sum of (insert amount) granted by the said C.D. [or by G.H. (design original debtor)] in favour of the said E.F. [or in favour of J.K. (design original creditor)] dated 25 (insert date) and [adding if such be the case instrument of sasine or notarial instrument (or along with notice of title) thereon and if such instrument or notice is not in favour of the original creditor specifying the name and designation of the person in whose favour it is conceived] recorded in (specify Register of Sasines and 30 date of recording); [If E.F. is not the original creditor but has a recorded title insert Which bond and disposition in security (adding if necessary to the extent aforesaid or as the case may be) is now vested in the said E.F. (or other person holding the last recorded title giving his name and designation) whose title thereto is recorded 35 in said Register of Sasines (or as the case may be, and give date of recording), and if E.F. is the successor of the person having such last recorded title specify E.F.'s right as successor to him]; And I further certify that such consignation was rendered necessary by the refusal of the said E.F. to receive the sum so consigned 40 [or by the refusal (or incapacity) of the said E.F. to grant a valid discharge of the said bond and disposition in security (or other heritable security) or by the absence (or death) of the said E.F. or as the case may be, stating the reason why a valid discharge could not be obtained] notwithstanding that the requisite premonition 45 was duly given, and that the said deposit receipt for the sum so consigned was presented to me. [To be attested.] A.B. A.D. 1924. Amendment. SCHEDULE M. NOTICE CALLING UP BOND. FORM NO. 1. Section 33 Sections 34, 35. To A.B. (insert name and last known address of person to whom notice is given). 5 Take notice that C.D. (name creditor) requires payment of the principal sum of (insert sum) with interest thereon at the rate per centum per annum from the day of of due under a Bond and Disposition in Security by you [or by E.F. (original debtor)] in favour of the said C.D. [or 10 of G.H. (original creditor) of which the said C.D. is now in right] dated (insert date) and recorded in (specify Register of Sasines, and date of recording): And that failing full payment of the said principal sum, interest and expenses within three months after this demand the lands and others (or subjects) held in security 15 may be sold. Dated this day of notice personally or of posting same). (date of giving (To be signed by the creditor, or by his Agent, who will add his designation and the words Agent of the said C.D.) FORM NO. 2. I, A.B. above named, hereby acknowledge receipt of the foregoing notice (or of the notice of which the foregoing is a copy), and I agree to the period of notice being dispensed with (or shortened to ). Dated this 20 day 25 of FORM NO. 3. Section 34. Notice of which the foregoing is a copy was posted (or otherwise, as the case may be) to A.B. above named on the day of (To be signed by the creditor, or by his Agent, who will add his designation and the words agent of the said C.D., and if posted the postal receipt to be attached.) 30 Amendment. SCHEDULE N. CERTIFICATE AS TO SURPLUS (IF ANY), OR NO SURPLUS, WHERE A.D. 1924. I, A.B. (insert designation), notary public (or law agent) with Section 42. 5 reference to the sale of the lands and others (or subjects) contained in the bond and disposition in security (or other heritable security) aftermentioned, which sale took place at (insert place) upon the (insert date) at the instance of C.D. (insert designation) in virtue of the power of sale contained in a bond and disposition in security 10 (or other heritable security) for the sum of (insert amount) granted by E.F. (design original debtor) in favour of the said C.D. [or in favour of G.H. (design original creditor)] dated (insert date) and [adding if such be the case instrument of sasine or notarial instrument (or along with notice of title) thereon, and if such 15 instrument or notice is not in favour of the original creditor, specify the name and designation of the person in whose favour it is conceived] recorded in [specify Register of Sasines, and date of recording; adding if such be the case To which bond and disposition in security (or other heritable security), adding if necessary to the extent of 20 (insert amount), the said C.D. acquired right by succession (or transmission or as the case may be)], Do hereby certify that there has been submitted to me a statement of the intromissions of the said C.D., with the price of said land subscribed by the said C.D. [or by J.K. (insert designation) agent of the said C.D. on his 25 behalf] from which it appears that no surplus remains for consignation in terms of section 122 of the Titles to Land Consolidation (Scotland) Act, 1868 [or where such surplus remains from which it appears that a surplus of (insert amount) remains for consignation in terms of section 122 of the Titles to Land 30 Consolidation (Scotland) Act, 1868, and I further certify that such surplus has been so consigned in (specify bank or branch of bank in which the money was consigned) conform to deposit receipt dated (insert date) by said bank for said amount in the joint names of the said C.D. and of L.M. (insert designation of the purchaser 35 of said land), which deposit receipt has been presented to me]. say [To be attested.] A.B. BILL [AS AMENDED BY THE STANDING To amend the Law of Conveyancing in Ordered, by The House of Commons, to be Printed, 19 June 1924. To be purchased directly from H.M. STATIONERY OFFICE at the following addresses! 1, St. Andrew's Crescent, Cardiff; or 120, George Street, Edinburgh; MEMORANDUM. The purpose of this Bill is to restore the law relating to the public performance of musical compositions to the state in which it was between the passing of the Copyright (Musical Compositions) Act, 1882, and the coming into force of the Copyright Act, 1911. The former Act provided that the owner of the performing right in a musical work who desires to retain the exclusive right of public performance must print a notice reserving the right on every published copy of the work. When the consolidating Act was passed in 1911 the Act of 1882 was repealed, and its provisions were not included in the new Act. The present Bill gives effect to the intention of the Act of 1882, but the provisions of that Act have been redrafted and simplified to meet the criticism of the Court of Appeal in Sarpy v. Holland [1908] 2 Ch.D. 198. |