Or Owner may, in such Case, apply to Lord

diate Superior as in vice of the

recusant Supe

rior.

be in one or other of the Forms given in Schedule (I.) hereunto annexed.

IX. And be it enacted, That if in the Case aforesaid the annual Reddendo shall exceed in Value or Amount the Sum of

Ordinary on the Five Pounds Sterling, or, in the Option of the said Heir, Bills to autho- Disponee, Adjudger, or other Party, whether the said annual rize Application Reddendo shall exceed the said Sum of Five Pounds Sterling for an Entry to or not, it shall be lawful for such Heir, Disponee, Adjudger, or the Crown or Prince or meother Party to present a Petition to the Lord Ordinary on the Bills in the Form, or as nearly as may be in the Form, of Schedule (F. No 1.) hereunto annexed, praying for Warrant and Decree as there set forth, and the Lord Ordinary shall pronounce an Order for Service in the Terms or as nearly as may be in the Terms of the Interlocutor given in Schedule (F. N° 2.) hereunto annexed; and if after such Service and Expiration of the Days of such Charge such Person shall not comply with the Demand of the Petition by completing his Title and granting Entry to such 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 Dues and Casualties payable on the Entry of such Petitioner, who shall also be entitled to retain his Feu Duties or other annual Prestations until fully paid and indemnified for all the Expences of the Petition and Procedure thereon, and all the Expences of completing his Title in Terms of this Act; and the Lord Ordinary shall pronounce interim Decree to that Effect, and grant interim Warrant for such Petitioner applying for and obtaining an Entry from the Crown or Prince of Scotland, or, in the Option of the Petitioner, from the mediate Oversuperior as acting in the Vice of such Superior, all in the Form, or as nearly as may be in the Form, given in Schedule (F.), No 3., hereunto annexed; and such Petitioner shall be entitled forthwith to lodge, along with an Extract of the said Decree, in the Office of the Presenter of Signatures, a Draft of a proposed Charter or Precept from the Crown or Prince as in vice of such Superior, with a short Note in Terms of the Act passed in the present Session of Parliament, to alter and amend the Practice in Scotland with regard to Crown Charters and Precepts from Chancery; and such Charter or Precept, for which the said Extract Decree shall be a sufficient Warrant, may be in the Form given in the Schedule (H.) hereunto annexed, and shall be as effectual as if granted by the mediate Superior of the Feu when duly infeft in the Superiority; and when there is a mediate Over-superior such Extract Decree shall, in the Option of the Petitioner, be directed against such mediate Over-superior, and shall be a sufficient Warrant for Letters of Horning to charge such Over-superior to enter the Petitioner by granting a valid Charter or Precept as in vice of such Superior; and after Completion of his Title such Petitioner shall be entitled, if he thinks fit, to lodge, as Part of the Proceedings under the said Petition, an Account of the Expences

of

of that Process, and of completing his Title, and the Lord Ordinary shall, if required on the Part of such Petitioner, modify the Amount thereof, and decern for Retention as aforesaid, in the Form given in Schedule (F.), N° 4., hereunto annexed.

Crown or

pone his Au

thority.

X. And be it enacted, That the Lands and others contained Lands to be in such Charter or Precept to be so obtained shall be holden of held temporathe Crown or Prince, or the mediate Over-superior, as in the re Vice of the unentered immediate Superior, while and so long as Prince or me he and his Successors, the immediate Superiors thereof, shall diate Superior. remain unentered, and thereafter until a new Entry in favour of the Vassal or his Successors shall become requisite. XI. And be it enacted, That when a Petition shall be pre- The Party in sented as aforesaid praying for Warrant of Service and for Right of the Decree against any Person so having a Right to the Superiority lodge a Minute Superiority may of any Lands, and not having completed his feudal Title thereto, tendering Rewhether the annual Reddendo shall be above or below the linquishment of his Right, and Value or Amount of Five Pounds Sterling, it shall be com- if accepted by petent for him at any Time before Expiration of the Days of the Petitioner, Intimation, or before interim Decree shall have been extracted the Lord Ordias aforesaid, to lodge, as Part of the Proceedings under such nary may interPetition, a Minute, signed by himself or by his Mandatory or Agent, duly authorized by him in Writing, stating that he tenders Relinquishment of the Right of Superiority which he holds on Apparency in favour of the Petitioner and his Heirs and Successors, and such Minute shall be in the Form, or as nearly as may be in the Form, given in Schedule (G.), N° 1., hereunto annexed; and if the Petitioner shall by himself or his Counsel or Agent subscribe or endorse upon such Minute an Acceptance of the same in the Form given in Schedule (G.), N° 2., hereunto annexed, the Lord Ordinary is hereby authorized and required, on the Petitioner's Motion, to interpone his Authority to such Minute and Acceptance, and to decern and declare the Right of Superiority thus relinquished to be extinguished, to the Effect of making the Petitioner and his Successors in the said Lands hold the Lands as Vassals immediately of and under the Superior of the relinquished Superiority in Permanency and by the Tenure and for the Reddendo by and for which such relinquished Superiority was held, the Decree so to be pronounced to be in the Form, or as nearly as may be in the Form, of Schedule (G.), N° 3., hereunto annexed; and the said Decree, when extracted and recorded in the Register of Sasines appropriate to the Lands, shall entitle the Petitioner and his foresaids to apply for an Entry to such Superior accordingly as his immediate Superior; and in the renewed Investiture to be obtained by the Petitioner under the Authority of the said Decree, the Tenendas and Reddendo contained in the Title Deeds of the relinquished 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 himself and his Successors according to the Tenure of the relinquished Superiority in all Time thereafter; and the Charter or Precept,

as

Over-superior's
Rights not to

affected.

as the Case may be, in the Petitioner's Favour may be expressed in one or other of the Forms given in Schedule (I.) hereunto annexed; but nothing herein contained shall be held as rendering it imperative on the Petitioner to accept of the offered Relinquishment, and to take the Place of his immediate Superior, it being hereby provided, that if he prefers it he shall be entitled to refuse the same, and to complete his Title by Entry from the Crown or Prince of Scotland, or the mediate Over-superior, as in the Vice of his immediate Superior.

XII. And be it enacted, That the Investiture thus completed be extended or upon the Forfeiture of such Heir Apparent, or upon the Relinquishment of the Superiority by such Heir Apparent, and Acceptance by the Petitioner, shall in all respects, and to all Intents and Purposes, be as effectual as if such apparent Heir had completed his Titles to the Superiority, and thereafter conveyed the same to the Petitioner, and the latter, after completing his Titles under the Over-superior, had resigned ad remanentiam in his own Hands: Provided always, that the Title so completed shall not in any respect extend the Interests of such Over-superior, and that he shall be entitled to no more than the Casualties, whether taxed or untaxed, to which he would have been entitled if such apparent Heir had remained his Vassal.

Vassal obtain

Forfeiture or

of Superiority to be liable for

its Value, but Forfeiture or

XIII. Provided always, and be it enacted, That in the Case ing or accepting of such Forfeiture or Relinquishment of Superiority by any Relinquishment apparent Heir in manner above mentioned, the Vassal obtaining or accepting the same, and making up Titles under the Oversuperior, shall be liable, but subject always to Retention of Expences as aforesaid, for the Value of the said Superiority to Relinquishment the said Heir Apparent, or any Person in his Right, or having Interest, as accords of Law; and such Forfeiture or Relinquishment by such Heir Apparent shall not infer a passive Representation on his Part, nor any Liability for the Debts of the Person last infeft therein, beyond the Price, if any, which he may receive for such Forfeiture or Relinquishment; and the Vassal, if he accepts thereof, shall not be accountable in any Case for more than the Value or Price of the forfeited or relinquished Right.

not to infer Representation.

Forfeiture to

take effect and Relinquishment lawful although

Superiority

form Part of an Estate held

under Prohibitions against Alienation, &c.

XIV. Provided always, and be it enacted, That such Forfeiture, whether of the Right itself, of Superiority, or of the Dues and Casualties payable on the Entry of such Petitioner, shall take effect, and such Relinquishment shall be lawful and competent, although the Superiority shall form Part of an Estate held under Prohibitions against Alienation, or under Clauses prohibitory, irritant, and resolutive of Entail; but such Forfeiture, if incurred, or such Relinquishment, if made, shall not be construed as nor be held or taken to imply any Contravention of such Prohibition against Alienation, or of such Clauses prohibitory, irritant, and resolutive of Entail, any thing contained in the Deeds forming the Investiture of such Estate of Superiority, or in the said recited Act of the Scottish Parliament, notwithstanding; and the Price or Value of such

Supe

Superiority, when relinquished, shall be applicable and applied in such and the like Manner, and to such and the like Purposes, as Purchase Money or Compensation coming to Parties having limited Interests is made applicable under the Lands Clauses Consolidation (Scotland) Act, 1845; and in the event of the Petitioner holding his Estate under Entail, such Price or Value paid for the relinquished Superiority shall be taken and held to be Entailer's Debt, and all Remedies competent to the Creditor for Recovery of Entailer's Debt, and all Remedies, Powers, and Faculties competent to an Heir of Entail in possession for Payment of Entailer's Debt, whether at Common Law, by Statute, or otherwise, shall be competent to such Creditor and to such Petitioner, and their Heirs and Representatives respectively. XV. And whereas by the Law of Scotland as now existing a Precept of Clare constat from a Subject superior to his Vassal is held to lapse and become ineffectual if Sasine is not passed thereon in the Lifetime of the Granter, which is attended with Inconvenience;' be it enacted, That all Precepts of Clare constat already made and granted, and still subsisting in force, and all Precepts of Clare constat to be made and granted hereafter, shall, notwithstanding the Death of the Granter thereof, remain in full Force and Effect during the whole Lifetime of the Grantee, and shall continue effectual as a Warrant for giving Infeftment to the Grantee in Terms thereof at any Time during the Grantee's Life.

Precepts of Clare constat not to fall by Granter.

Death of the

XVI. And be it enacted, That it shall no longer be competent General and to use Letters of general Charge or special Charge or general special and special Charge, but in an Action of Constitution of an Ancestor's general special Charges to be Debt or Obligation against his unentered Heir the Citation on no longer comand Execution of the Summons in such Action shall be held petent. to imply and be equivalent to a general Charge, the Induciæ of which shall expire with the Induciæ of such Summons, and shall infer the like Certification with such general Charge; and it shall thereafter be competent to adopt under such Summons the same Procedure, in all respects, and to pronounce the same Decree, which would have been competent had such Summons been preceded by Letters of general Charge duly executed against such Heir according to the Law and Practice heretofore in use, which Decree shall be a valid Decree of Constitution; and in an Action of Adjudication against such Heir following on such Decree of Constitution, or in an Action of Adjudication against an unentered Heir founded on his own Debt or Obligation, the Citation on and Execution of the Summons of Adjudication shall be held to imply and be equivalent to a special Charge or general special Charge, as the Circumstances may require, the Induciæ of which Charge shall expire with the Induciæ of such Summons, and shall infer the like Certification with such special Charge or general special Charge, as the Case may be; and it shall thereafter be competent to adopt under such Summons the same Procedure in all respects, and to pronounce the same Decree, which would have been competent had such Summons been preceded by Letters of

special

Bill for Summonses of Adjudication and of Sale abolished.

Unnecessary to libel and conclude for Decree of special Adjudication.

Decrees of Adjudication and

of Sale to contain Warrant

for Infefiment

and Infeftment

may follow ac-. cordingly.

special Charge or general special Charge, as the Case may be, duly executed against such Heir according to the Law and Practice heretofore in use, which Decree shall be a valid Decree of Adjudication; and in an Action of Constitution and Adjudication combined in the same Summons against an unentered Heir, it shall be competent to adopt the same Procedure in all respects, and to pronounce the same Decree, which would have been competent had such Summons been preceded by Letters of general Charge duly executed against such Heir according to the Law and Practice heretofore in use; and in such combined Action of Constitution and Adjudication it shall be competent to pronounce Decree of Constitution and Adjudication in one and the same Interlocutor, and to extract the same in one and the same Extract, which Decree shall be a valid Decree of Constitution and Adjudication; any thing in an Act of the Parliament of Scotland passed in the Year One thousand five hundred and forty, and in another Act of the Parliament of Scotland passed in the Year One thousand six hundred and twenty-one, or in any other Act of Parliament, or any Law or Practice, to the contrary notwithstanding, the said Acts being hereby repealed to the Extent of making these Enactments operative, but no further.

XVII. And be it enacted, That it shall no longer be necessary that a Summons of Adjudication or of Ranking and Sale be preceded by a Bill, such Bill being hereby abolished.

XVIII. And whereas it has been found inconvenient in Practice to libel and conclude for general Adjudication of Lands as the Alternative only of special Adjudication in Terms of an Act of the Parliament of Scotland passed in the Year 'One thousand six hundred and seventy-two;' be it enacted, That it shall no longer be necessary to libel or conclude for special Adjudication, and it shall be lawful to libel and conclude and decern for general Adjudication without such Alternative, any thing in the said last-mentioned Act or in any other Act of Parliament to the contrary notwithstanding, the said lastmentioned Act and such other Acts being hereby repealed to the Effect of making this Enactment operative, but no further.

XIX. And whereas a Party who has obtained Decree of Adjudication or Decree of Sale is frequently exposed to Inconvenience from the Delay which may occur in obtaining Infeftment;' be it enacted, That in all Cases it shall be lawful for a me vel de me, the Judges of the Court of Session, when pronouncing Decree of Adjudication, whether for Debt or in Implement, or Decree of Sale, to grant Warrant in Terms, or as nearly as may be in Terms, of Schedule (K.) hereunto annexed, for infefting the Adjudger or Purchaser, and his Heirs and Successors, in the Lands and others contained in such Decree, to be holden by them alternatively by Two several Infeftments and Manners of Holding, one thereof to be holden of the Party adjudged from and his Heirs in Free Blench for Payment of a Penny Scots in Name of Blench Farm at Whitsunday yearly upon the Ground of the said Lands, if asked only, and freeing and relieving the

Party