certain Clauses 'Law of Scotland relative thereto: May it therefore please Your Majesty that it may be enacted;' and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That in all Dispositions and Conveyances and In Conveyances other Deeds and Instruments necessary for the Transmission of of Land, &c. Lands and other Heritages in Scotland not held Burgage, in may be inserted which all or any of the following Clauses are necessarily or in the short usually inserted, (videlicet,) a Clause declaring the Term of Forms given in Schedule (A.) Entry, a Clause of Obligation to infeft, a Procuratory of Resignation, a Clause of Assignation of Writs and Evidents, a Clause of Assignation of Rents, a Clause of Obligation to free and relieve of Feu Duties and Casualties due to the Superior, and of public Burdens, a Clause of Warrandice, a Clause of Registration for Preservation, or for Preservation and Execution, and a Precept of Sasine, it shall be lawful and competent to insert all or any of such Clauses in the Form, or as nearly as may be in the Form, set forth in Schedule (A.) hereunto annexed; and all or any of such Clauses, if so inserted in any such Disposition or Conveyance or other Deed or Instrument, shall be as valid, effectual, and operative to all Intents, Effects, and Purposes as if they had been expressed in the fuller Mode or Form now generally in use. the Clause of II. And be it enacted, That the Clause of Obligation to Explanation of infeft, if the Clause shall be limited to an Obligation to infeft a the Import of me only, shall be held to imply an Obligation on the Disponer Obligation to to infeft the Disponee and his Heirs and Assignees in the Sub- infeft. jects conveyed upon their own Expences, to be holden from the Disponer and his Heirs and Successors of and under their immediate lawful Superiors in the same Manner as the Disponer himself, or his Predecessors or Authors, held, hold, or might have holden the same, and that either by Resignation or Confirmation, or both, the one without Prejudice of the other; and the Obligation to infeft, if granted to be holden a me vel de me, shall be held to imply an Obligation on the Disponer to infeft the Disponee and his Heirs and Successors upon their own Expences by Two several Infeftments and Manners of holding, one thereof to be holden of the Disponer and his Heirs and Successors in Free Blench for Payment of a Penny Scots in Name of Blench Farm at Whitsunday yearly upon the Ground of the Lands, if asked only, and freeing and relieving him and them of all Feu Duties, and other Duties and Services exigible out of the said Lands and others, by their immediate lawful Superiors thereof, and the other of the said Infeftments to be holden from the Granter and his foresaids of and under their said immediate lawful Superiors in the same Manner as the Granter, or his Predecessors or Authors, held, hold, or might have holden the same, and that either by Resignation or Confirmation, or both, the one without Prejudice of the other. III. And be it enacted, That the Clause for resigning the Lands shall be held and taken to be equivalent to a Procuratory Hh3 Explanation of other Clauses in the Import of of Schedule (A.) Conditions of Entail may be already in the Register of En. tails or Register referred to as of Sasines. of Resignation in the Terms now in use, and in the Case of Conveyances by a Vassal to his Superior as equivalent to a Procuratory of Resignation ad remanentiam; and the Clause of Assignation of Writs and Evidents, unless specially qualified, shall be held to import an absolute and unconditional Assignation to such Writs and Evidents, and to all open Procuratories and Precepts therein contained to which the Disponer has Right; and the Clause of Assignation of Rents, unless specially qualified, shall be held to import Assignation to the Rents to become due for the Possession following the Term of Entry, according to the legal and not the conventional Terms, unless in the Case of forehand Rents, in which Case it shall be held to import an Assignation to the Rents payable at the conventional Terms subsequent to the Date of Entry; and the Clause of Warrandice, unless specially qualified, shall be held to imply absolute Warrandice as regards the Lands, and Writs and Evidents, and Warrandice from Fact and Deed as regards the Rents; and the Obligation to free and relieve from Feu Duties, Casualties, and public Burdens, unless specially qualified, shall be held to import an Obligation to relieve of all Feu Duties or other Duties and Services or Casualties payable to the Superior, and of all public, parochial, and local Burdens due from or on account of the said Lands, prior to the Date of Entry; and the Clause of Consent to Registration, unless specially qualified, shall import a Consent to Registration and a Procuratory of Registration in the Books of Council and Session, or other Judges Books competent, therein to remain for Preservation, and also, if for Execution, that Letters of Horning and all necessary Execution shall pass thereon upon Six Days Charge, on a Decree to be interponed thereto in common Form. IV. And be it enacted, That in all Cases where Lands or other Heritages are or shall hereafter be held under a Deed of Entail, it shall be lawful and competent, in Dispositions and Conveyances of such Lands, and in the Procuratories, Charters, Precepts of Clare constat, Decrees of Adjudication, Instruments of Sasine, and all other Deeds and Instruments of what Nature soever necessary to transmit, renew, or complete a Title under such Entail in such Lands, to omit the full Insertion of the Conditions and Provisions, and prohibitory, irritant, and resolutive Clauses, of such Deed of Entail, provided such Conditions and Provisions, and prohibitory, irritant, and resolutive Clauses, shall be in such Dispositions and Conveyances, Procuratories, Charters, Precepts of Clare constat, Decrees of Adjudication, Instruments of Sasine, and other Deeds and Instruments aforesaid, specially referred to as set forth at full Length in the recorded Deed of Entail, if the same shall have been recorded in the Register of Tailzies, or as set forth at full Length in any recorded Instrument of Sasine forming Part of the Progress of Title Deeds of the said Lands under the said Entail, such Reference being made in the Terms, or as nearly as may be in the Terms, set forth in Schedule (B.) hereunto annexed; and the Reference thus made to such Conditions and Provisions, and prohibi prohibitory, irritant, and resolutive Clauses, shall be held to be equivalent to the full Insertion thereof, and shall to all Intents and in all Questions whatever, whether inter hæredes or with Third Parties, have the same legal Effect as if the same had been inserted exactly as they may be expressed in the recorded Deed or Instrument referred to, notwithstanding any Law or Practice to the contrary, or any Injunction to the contrary contained in such Deed of Entail, and notwithstanding the Enactments or Provisions to the contrary contained in an Act of the Parliament of Scotland made in the Year One thousand six hundred and eighty-five, intituled Act concerning Tailzies, or any other Act or Acts of Parliament now in force, all which are hereby repealed to the Extent of making this Act operative, but no further. the Register of to as already in Sasines. V. And be it enacted, That in all Cases where Lands or Real Burdens other Heritages are or shall hereafter be held under any Real may be referred Burdens or Conditions or Limitations whatsoever appointed to be fully inserted in the Investitures of such Lands, it shall, notwithstanding such Appointment, and notwithstanding any Law or Practice to the contrary now existing, be lawful and competent, in Dispositions and Conveyances of such Lands, Procuratories, Charters, Precepts of Clare constat, Decrees of Adjudication, Instruments of Sasine, and other Deeds and Instruments of what Nature soever necessary to transmit, renew, or complete the feudal Title thereto, to omit the full Insertion of such Real Burdens or Conditions or Limitations, provided such Real Burdens or Conditions or Limitations shall, in such Dispositions and Conveyances, Procuratories, Charters, Precepts of Clare constat, Decrees of Adjudication, Instruments of Sasine, and other Deeds and Instruments aforesaid, be specially referred to as set forth at full Length in the recorded Instrument whether of Sasine or of Resignation ad remanentiam wherein the same were first inserted, or in any recorded Instrument of Sasine of subsequent Date forming Part of the Progress of Titles of the said Lands, such Reference being made in the Terms, or as nearly as may be in the Terms, set forth in Schedule (C.) hereunto annexed; and the Reference thus made to such Real Burdens or Conditions or Limitations shall be held to be equivalent to the full Insertion thereof, and shall to all Intents and in all Questions whatever, whether with the Disponer or Superior or Third Parties, have the same legal Effect as if the same had been inserted exactly as they may be expressed in the recorded. Instrument referred to, notwithstanding any Law or Practice to the contrary, and notwithstanding any Act or Acts of Parliament to the contrary, which are hereby repealed to the Effect of making this Enactment operative, but no further. Confirmation. VI. And whereas the Entry of Heirs and Disponees by Superior may 'Charter of Confirmation from the Superior is in daily Use and be compelled to Practice, and such Form and Mode of Entry is in many Cases grant Entries by more convenient than Entry by Resignation, without being of Prejudice to the Interests of the Superior;' be it enacted, That where any Person shall be infeft in Lands or Heritages in Scotland Hh 4 10 & 11 Vict. c. 47. Charters of in the Form of of the Lands. Scotland holden of a Subject Superior upon a Disposition or other Deed of Conveyance granted by the Person last entered and infeft, or granted by a Person whose own Title to such Lands and Heritages is capable of being made public by Confirmation according to the existing Law and Practice, which Disposition shall contain an Obligation to infeft a me or a me vel de me, or upon a Decree of special Service, or upon a Decree of Adjudication or of Sale, containing a Warrant of Infeftment in Terms of this Act, it shall be lawful and competent for such Person, upon Production to the Lord Ordinary on the Bills in the Court of Session of his Sasine in the said Lands and Warrants of the same, and upon showing the Terms and Conditions under which the said Lands are holden of the Superior thereof, to obtain Warrant for Letters of Horning to charge the Superior to grant in favour of such Party a Charter of Confirmation in the same Way and Form as is provided and in use for compelling Entry by Resignation: Provided always, that the Charger shall at the same Time pay or tender to such Superior such Duties or Casualties as he is by Law entitled to receive upon the Entry of the Charger; and that it shall be lawful for every such Superior to show Cause why he ought not to be compelled to give Obedience to such Charge by offering a Note of Suspension to the Court of Session in the usual Manner: Provided also, that such Superior shall be entitled to insert in the Charter to be granted by him the Clauses of Tenendas and Reddendo contained in the former Charters of such Lands and Heritages, and all other Clauses and Conditions contained therein, in so far as the same are usual and necessary, and are not set forth in such Instrument of Sasine, or duly referred to in Terms of this Act, or of an Act passed in the present Session of Parliament, intituled An Act to amend the Law and Practice of Scotland as to the Service of Heirs: Provided also, that where such Clauses and Conditions are set forth in such Instrument of Sasine, or duly referred to in Terms of this Act, or any other Act, the same shall not, without the Vassal's Consent, be repeated at Length in such Charter of Confirmation. VII. And be it enacted, That where any Charter of Confirmation, whether granted by Her Majesty or Her Royal Successors, or by the Prince of Scotland, or by a Subject Superior, shall confirm the Lands therein contained themselves, and the Instrument of Sasine therein, in favour of the Person receiving the Title Deeds such Charter, such Charter may be expressed in the Form set forth in Schedule (D.) hereunto annexed, and in whatever habile Form expressed shall be held to confirm in favour of such Person, so far as regards such Lands, the whole Dispositions and Instruments of Sasine, and other Deeds, Instruments, and Writings of and concerning the same necessary to be confirmed in order to complete such Person's Investiture in the Lands as immediate Vassal of such Superior, and that although such Deeds, Instruments, and Writings may not be enumerated or set forth in such Charter. VIII. And 6 incomplete, him to complete his Title and grant an Entry, under pain of Forfeiture. VIII. And whereas the Remedy afforded for obtaining an Where SuEntry under the present Procedure by Declarator of Tinsel of perior's Title Superiority is in many respects defective;' be it enacted, That Owner may in where the Person having Right to the Superiority of any certain Cases Lands, which Superiority is not defeasible at the Will of the apply to Lord Ordinary on the Vassal or Disponee, shall not have completed his feudal Title Bills to ordain thereto so as to enable him to enter any Heir or Disponee of the Vassal last publicly infeft in the said Lands, or any Adjudger or other Party deriving Right from him, and where such Heir, Disponee, Adjudger, or other Party, if such Person had been infeft in the Superiority, would have been entitled to compel Entry in virtue of this Act, or of an Act passed in the Twentyeighth Year of the Reign of His Majesty King George the Second, or otherwise, it shall be competent to such Heir, Disponee, Adjudger, or other Party, provided the annual Reddendo attached to such Superiority shall not exceed Five Pounds Sterling in Value or Amount, to present a Petition to the Lord Ordinary on the Bills in the Form, or as nearly as may be in the Form, given in Schedule (E. N° 1.) hereunto annexed, praying for Warrant of Service on such Person, and for Decree in the Terms set forth in such Petition, and the Lord Ordinary on the Bills shall pronounce an Order for Service of such Petition in Terms, or as nearly as may be in Terms, of the Interlocutor given in Schedule (E. No 2.) hereunto annexed; and if after such Service, and the Expiration of the Days of Intimation, such Person shall not comply with the Demand of the Petition by completing his Title and granting Entry to the Petitioner as aforesaid, or shall not show reasonable Cause to the Lord Ordinary why he delays or refuses so to do, he shall for himself and his Heirs, whether of Line, Conquest, Taillie, or Provision, forfeit and amit all Right to the said Superiority, and the Lord Ordinary shall pronounce Decree or Judgment accordingly to the Effect of entitling the Petitioner, and his Heirs and Successors in the said Lands in all Time thereafter, to hold the same as Vassals immediately of and under the next Over-superior by the Tenure and for the Reddendo by and for which the forfeited Superiority was held, all in the Form, or as nearly as may be in the Form, given in Schedule (E. N° 3.) hereunto annexed; and such Decree or Judgment, when extracted and recorded in the Register of Sasines appropriate to the Lands, shall be held absolutely to extinguish such Right of Superiority, and shall enable the Petitioner to apply to such Over-superior, as his immediate Superior, for an Entry accordingly; and it is hereby provided, that in the renewed Investiture to be so obtained by the Petitioner under the Authority of the said Decrec, the Tenendas and Reddendo contained in the Title Deeds of the forfeited Superiority shall be inserted in room of those contained in the Investiture of the Petitioner's Predecessor or Author, and the Lands shall be held by the Petitioner and his Successors according to the Tenure of the forfeited Superiority in all Time thereafter; and the Charter or Precept in the Petitioner's Favour shall be expressed as nearly as may be |