312 SECRETARIAL PRACTICE
of such leases, the effect of which was to make such leases
and assignations during their subsistence as effective against
singular successors as if they were ordinary feudal convey-
ances of land. Accordingly, it is not uncommon, particularly
in the case of coal and mineral companies, to have leases
answering the requirements of the Act as to duration, such
leases then becoming susceptible to being charged or mort-
gaged by the company, if it desires to borrow, as security
for debenture holders or other lenders, without the necessity
of actual possession by the security holders.

Registration = The question has been canvassed as to whether a floating

of Mortgages. charge of a company registered in England would be effective
aver moveables in Scotland, and, on the other hand, whether
a floating charge purporting to be given by a company
registered in Scotland over moveables in England would be
valid. The question raises an interesting argument as to
whether the law of the domicile of the company, or the law
of the place where the moveables are situated, should prevail,
but so far there does not appear to be any authoritative
decision on the subject. In any event, the security will be
void unless it is registered with the Registrar of Companies
in England in view of s. go of the Companies Act, 1929.

S. 93 of the Act of 1908 as to registration of charges, etc.,
with the Registrar of Companies did not apply at all to
companies registered in Scotland, but the corresponding
section of the Act of 1929 [s. 79] does affect companies regis-
tered in Scotland to the extent that if a Scottish company
having an established place of business in England creates a
charge on property in England or acquires property in England
subject to a charge which would, if the charge were created or
the property were acquired by an English company, required
to be registered in England, such charge must be registered in
England, notwithstanding that the company is a Scottish
company [s. go]. [See also s. 9I.] Under the Act of 1908,
particulars of charges given by companies registered in England
over property situate in Scotland had to be duly filed with
the Registrar of Companies in England and the deed con-
taining the charge had to be delivered to him within twenty-
one days after the date of the creation of the charge. In
actual practice, this led to difficulty since the registration in
the Register of Sasines invariably took considerably more
than the limit of twenty-one ‘days provided by the Act of
1908. This difficulty will not arise under the Act of 1929, for
by s. 79 (3) where a charge comprises property situate in
Scotland and registration in Scotland is necessary to make the
charge valid or effectual according to the law of that country,