CONVEYANCING

ACCORDING TO THE LAW OF SCOTLAND

BEING

THE LECTURES

OF THE LATE

ALLAN MENZIES, A.M.

WRITER TO THE SIGNET

PROFESSOR OF CONVEYANCING IN THE UNIVERSITY OF EDINBURGH.

THIRD EDITION.

CONTAINING NOTES ON THE TITLES TO LAND (SCOTLAND) ACTS, 1858

AND 1860, OTHER ENACTMENTS, AND RECENT DECISIONS.

EDINBURGH:

BELL & BRADFUTE, 12, BANK STREET.

MDCCCLXIII.

PREFACE TO THE THIRD EDITION.

SINCE the last Edition of the Lectures was published, important and fundamental changes have been introduced into the Law of Heritable Rights by the Titles to Land (Scotland) Acts, 1858 and 1860, 21 & 22 Vict. c. 76, and 23 & 24 Vict. c. 143. Subsequent to the passing of the former of these Statutes, a short Supplement containing its leading provisions was published. In preparing a new Edition, however, it was felt that such a mode of treating these Acts would be inconvenient and unsatisfactory. It was likewise felt that the importance of the Statutes demanded something more than that their provisions should merely be noticed in footnotes. The alterations upon the law, as stated in the Lectures, have accordingly been stated in notes which are embodied in the text, but in a smaller type, and placed within brackets, a plan which will, it is hoped, prove generally convenient for reference. Every care has been taken to make these notes as complete as possible, and the Acts themselves have been printed as an Appendix; the figures upon the margin of the Appendix refer to the pages in the volume, at which the respective matters are noticed. The effect of recent enactments and decisions, in so far as affecting the text, will also be found noticed in the appropriate places.

It was not expected when the Lectures were originally published that they would be found so generally useful by the profession at large as experience has shown them to be. The Index was, accordingly, not so full as it might have been. This defect will, it is hoped,

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