SCHEDULE (I.)

N° 1.-Charter of Confirmation proceeding on a Decree of Forfeiture or Relinquishment.

I L. M., immediate lawful Superior of the Lands and others after mentioned, in virtue of a Decree of Forfeiture [or Relinquishment, as the Case may be,] against G. H., Heir Apparent of my immediate Vassal last infeft in the said Lands and others, pronounced by Lord Ordinary on the Bills, upon the Day of in a Petition at the Instance of A.B. [here name the Disponee], do hereby confirm for ever to and in favour of the said A.B. and his Heirs and Assignees whomsoever, heritably and irredeemably, all and whole [here insert the Lands or other Heritages, and if under Burdens, &c. use the Form in Schedule (C.)], and an Instrument of Sasine in the said Lands and others in favour of the said A.B. recorded in the [here describe the Register in which the Instrument is recorded], on the Day of or of whatever other Tenor the same may be; To be holden, the said Lands and others, by the said A.B. and his foresaids, in all Time hereafter, immediately of me and my Successors, as Superiors thereof, in Free Blench Farm or [in Feu Farm, as the Case may be, according to the Tenure by which the forfeited or relinquished Superiority was held,] for ever, paying therefor [here specify the Reddendo for which the forfeited or relinquished Superiority was held]; and I consent to the Registration hereof for Preservation. In witness whereof [add a Testing Clause].

No 2.-Charter of Resignation proceeding on a Decree of Forfeiture or Relinquishment.

the

Day of

I L.M., immediate lawful Superior of the Lands and others after mentioned, in virtue of a Decree of Forfeiture [or Relinquishment, as the Case may be,] against G.H., Heir Apparent of my immediate Vassal last infeft in the said Lands and others, pronounced by Lord Ordinary on the Bills, upon in a Petition at the Instance of A.B. [here name the Disponee], do hereby give, grant, dispone, and for ever convey to the said A.B. and his Heirs and Assignees whomsoever, heritably and irredeemably, all and whole [here insert the Lands or other Heritages, and if disponed under Burdens, &c. use the Form in Schedule (C.)], which Lands and others above written formerly belonged to [here insert the Name of the Disponer], holden by him under my immediate Vassal, and now of myself, in Terms of [here state briefly the Investiture of the lastentered Proprietor], and have been resigned by him in my Hands, as now coming in place of his immediate Superior by virtue of a Procuratory of Resignation contained in a Disposition of the said Lands and others, made and granted by him in favour of the said A.B., dated [here insert the Date], to be holden, the said Lands and others, by the said A.B. and his foresaids, in all Time hereafter, immediately of me and my Successors, as Superiors thereof, in Free Blench Farm [or in Feu Farm, as the Case

may

may be, according to the Tenure by which the forfeited or relinquished Superiority was held,] for ever, paying therefor [here specify the Reddendo for which the forfeited or relinquished Superiority was held]; and I consent to the Registration hereof for Preservation; moreover I desire any Notary Public to whom this Charter may be presented to give to the said A.B. or his foresaids Sasine of the Lands and others above described. In witness whereof [add a Testing Clause].

N° 3.-Precept of Clare constat proceeding on a Decree of Forfeiture or Relinquishment.

I L.M., immediate lawful Superior of the Lands and others after mentioned, in virtue of a Decree of Forfeiture [or Relinquishment, as the Case may be], against G.H., Heir Apparent of my immediate Vassal last infeft in the said Lands and others, pronounced by Lord Ordinary on the Bills, dated in a Petition at the Instance

the

Day of

of A.B. [here name and design the Heir in whose Favour the Precept is to be granted]: Whereas by authentic Instruments and Documents it clearly appears that C.D. [here insert the Name of the last Proprietor of the Lands] died last vest and seised as of Fee in [here insert the Lands or other Heritages, and if under Burdens, &c. use the Form in Schedule (C.)]; and that the said A.B. is eldest lawful Son [or whatever Relation he may be] and nearest and lawful Heir [of Line, or whatever the Character may be,] of the said C.D. in the said Lands and others; and that the said Lands and others are in virtue of the said Decree now holden of me and my Successors, as Superiors thereof, in Free Blench Farm [or Feu Farm, as the Case may be, according to the Tenure by which the forfeited or relinquished Superiority was held,] for ever, for Payment of [here specify the Reddendo for which the forfeited or relinquished Superiority was held]. Therefore I desire any Notary Public to whom these Presents may be presented to give to the said C.D. as Heir foresaid Sasine of the Lands and others above described. In witness whereof [add a Testing Clause].

Note. Where the next Superior is Her Majesty or the Prince and Steward of Scotland, Charters by the Crown Prince, or Precepts from Chancery, will be granted in similar Terms to the above, but adapted to the Forms of Chancery.

SCHEDULE (K.)

After granting Decree of Adjudication according to the Form presently in use, or according to the Form in use for the Time, the following Warrant to be inserted :-" And the Lord Ordinary grants Warrant to any Notary Public to give to the said [here mention the Name of the Adjudger or Purchaser], and his Heirs and Successors, Sasine, in the foresaid Subjects, in Terms of the 19th Section of the Act [here mention this Act]."

SCHE

SCHEDULE (L.)

At there was [by or] on behalf of A.B. [here state the Name and Designation of the Adjudger or Purchaser, or other Party in his Right,] presented to me, Notary Public subscribing, an Extract Decree of Adjudication [or "of Adjudication in Implement or of Sale," as the Case may be,] dated the [here insert the Date of the Decree], obtained before the Lords of Council and Session in an Action at the Instance of [here mention the Party at whose Instance the Decree was obtained] against C.D. [here state the Name and Designation of the Party adjudged from], whereby the said Lords adjudged from the said C.D., and all others having or pretending to have Right thereto, all and whole [here describe the Lands at Length, and if adjudged under Burdens, &c. use the Form in Schedule (C.), then recite the rest of the Decree of Adjudication or Sale down to the Close of the Warrant to the Notary for giving Infeftment, and, if the Infeftment is to be taken by the Heir or Assignee of the Adjudger or Purchaser, or by any other Person acquiring Right through him, recite here the Decree of Service or the Assignment or other Writ by which the Party has acquired such Right]; by virtue of which Warrant of Infeftment I hereby give Sasine to the said A.B. of the Lands and others above described. In witness whereof I have subscribed these Presents, written on this and the preceding Pages by E.F. my Clerk, before these Witnesses the said E.F. and G.H. my Apprentice.

E.F., Witness.

(Signed)

I.K., Notary Public.

G.H., Witness.

CAP. XLIX.

An Act to facilitate the Transference of Lands and other Heritages in Scotland held in Burgage Tenure. [25th June 1847.]

WHEREAS it is expedient to facilitate the Transference of Lands and other Heritages in Scotland held by the 'Tenure of Burgage, and to render the same less expensive, and for that Purpose to amend the 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 In Conveyances Dispositions and Conveyances, and other Deeds and Instruments of Burgage necessary for the Transmission of Lands in Scotland held by the Property certain Tenure of Burgage, in which all or any of the following Clauses inserted in the are necessarily or usually inserted, (videlicet,) a Clause declaring Forms given in the Term of Entry, a Clause of Obligation to infeft, a Procura- Schedule (A.) tory of Resignation, a Clause of Obligation to free and relieve of Cess, Annuity, Ground Annual, and other public, parochial,

and

Clauses may be

and local Burdens, a Clause of Assignation of Rents, a Clause of Assignation of Writs and Evidents, a Clause of Warrandice, and a Clause of Registration for Preservation and Execution, 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 and Purposes, as if they had been expressed in the fuller Mode or Form now generally in use. Explanation of II. And be it enacted, That the Clause of Obligation to infeft the Import of expressed as in the Schedule (A.) hereunto annexed shall be Clauses in Sche- held to imply an Obligation on the Disponer to infeft the Disdule (A.) ponee, and his Heirs and Assignees, in the Lands or other Heritages conveyed upon their Expences, and that by Resignation, to be holden of Her Majesty in Free Burgage for Service of Burgh used and wont; and the Clause of Resignation shall in all respects be held and taken as equivalent to a Procuratory of Resignation in the Terms now in use in regard to Heritable Property held Burgage; and the Clause of Obligation to free and relieve from Cess, Annuity, Ground Annual, and other public and parochial Burdens shall, unless specially qualified, be held to import an Obligation to relieve of all Cess, Annuity Ground Annual, and other public, parochial, and local Burdens exigible from or on account of the Subjects conveyed prior to the Date of Entry; and the Clause of Assignation of Rents, unless specially qualified, shall be held to import an 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 import an Assignation to the Rents payable at the conventional Terms subsequent to the Date of Entry; and the Clause of Assignation to Writs and Evidents shall import an absolute and unconditional Assignation to such Writs and Evidents, and to all open Procuratories therein contained to which the Disponer has Right, unless specially qualified; and the Clause of Warrandice shall, unless specially qualified, be held and taken to imply absolute Warrandice as regards the Lands, and Writs and Evidents, and Warrandice from Fact and Deed as regards the Rents; and the Clause of Consent to Registration, unless specially qualified, shall import a Consent to Registration, and a Procuratory for Registration in the Books of Council and Session or other Judge's Books competent, therein to remain for Preservation, and if for Execution, that Letters of Horning and all other necessary Execution shall pass thereon upon a Charge of Six Days upon a Decree to be interponed thereto.

III. And be it enacted, That in all Cases where Lands holden Burgage 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 Decrees of Adjudication, Instruments of Resignation and Sasine, and Instruments of

Cognition

Cognition and 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, Decrees of Adjudication, Instruments of Resignation and Sasine, and Instruments of Cognition and 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 if the same shall not have been recorded in such Register, then as set forth at full Length in any recorded Instrument of Resignation and Sasine, or of Cognition and Sasine, forming a 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 prohibitory, irritant, and resolutive Clauses, shall be held as equivalent to the full Insertion thereof, and shall to all Intents and in all Questions whatsoever, 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 Acts of Parliament now in force, all which are hereby repealed to the Extent of making this Enactment operative, but no further.

Real Burdens may be referred

Sasines.

IV. And be it enacted, That in all Cases where Lands holden Burgage are or shall hereafter be held under any Real Burdens or Conditions or Limitations whatsoever appointed to be fully the Register of to as already in 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, Decrees of Adjudication, Instruments of Resignation and Sasine, Instruments of Cognition and 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, Decrees of Adjudication, Instruments of Resignation and Sasine, Instruments of Cognition and Sasine, and other Deeds or Instruments aforesaid, be specially referred to as set forth at full Length in the recorded Instrument of Resignation and Sasine in which the same were first inserted, or in any recorded Instrument of Resignation and Sasine, or of

Cognition