REGISTRATION OF DEEDS AND WRITS, in the law of Scotland, is an important feature of the administration of the law. The general registration is authorized either by virtue of a clause of registration inserted in a particular deed, or under the old act of parliament of 1698, c. 4, which applies to all probative writs whatever. The clause of registration arose from the practice of churchmen drawing the enforcement of ordi nary contracts within their jurisdiction, by causing the parties to consent that the court should, as it were, execute diligence at once if the obligation were not fulfilled. The clause used to be in the form of an authority given to a procurator to go before a judge, and consent to a decree in terms of the obligation; but it is now enough to use this form: " 1 consent to the registration hereof for preservation (or for preservation and execution)." Hence, when money is not paid at the time appointed, diligence issues at once on application of the creditor for execution. The practice is now almost universal to insert it clause of registration in deeds stipulating for money payments, especially bonds. When there is at clause of registration, the principal deed is retained in the register, and an attested copy or extract, authenticated by the clerk, and authorizing diligence, is given out, and a copy of the deed is entered in a book. When the deed hits no clause of registration, it is recorded as a probative writ only, and the principal deed is marked by the clerk, and returned with a certified copy, a copy being also kept in the record. The registration, under authority of a clause of registration, is called a registration for execution, and is in effect a short cut to a judgment without the formality of an action, and the registration may take place after the death of the creditor as well as of the debtor. The other registration is usually called a registration for preserva. tion, the object being merely safe custody; but the extract or copy kept in the register is allowed to be evidence in all cases except where there is an action of improbation to reduce the original deed for forgery. The general register is separate from that of deeds containing clauses of registration, and is applicable to all writs of which it is useful to preserve a copy.
Another class of registers has for its object publication to all the lieges, which is effected by allowing inspection to the public, and these writs are those connected with heritable rights, being used by all who lend money on land, or purchase land. There is under this class (1) a register of sasines—i.e., of the final deeds completing the title to
property, and vesting it in the owner; (2), a register of entails—i.e., of deeds which per petuate the enjoyment of land by a specified class of heirs; (3), a register of interdictions —i.e., by which a proprietor of heritage limits his own power of alienation; (4), a register of adjudications—i.e., transfers by operation of law; (5), a register of inhibitions—i.e., of diligence restraining an owner of land from alienating it to the prejudice of creditors; (6), a register of inventories, by which heirs limit their liability to the amount of their ancestors' assets. By the combined effect of these registers, the state of heritable property, as affected by incumbrances, is displayed to all parties who are interested in ascertaining that fact, and the practice has been found of great benefit to the land owners of Scotland. Besides the general registers for all Scotland, there were once local registers in every county and burgh for similar purposes; but since 1871 only indexes and abridgments are sent to each county, and the deeds themselves, except in burghs, must be registered in the general register house in Edinburgh. The general result of the Scotch registration system is, that deeds and all other writings may be registered for preservation either in the central register in Edinburgh, or in the burgh registers; that deeds containing clauses of registration with consent of execution, as well as protests of bills of exchange, may be registered for preservation and also for execution in the books of council and session, or in the registers of the subordinate courts; and that all deeds, instruments, and proceedings affecting heritable property must be registered, so that any one can ascertain the burdens affecting it, by inspecting the burgh register as to burgage property, and as regards all other property by inspect ing the general register in Edinburgh, where the whole of the general and local deeds can be found concentrated. At the head of the management of these public registers is the lord clerk register, by whom and by his deputy and officers the details of registration are carried out. The general register house in Edinburgh, in which are collected all these records, was completed in 1787, a general principle of the management being, that the formation of the records is intrusted to one set of officers, and the safe custody of them to another set, so as to provide a better check on the whole process.