5 by which the same, or the interest of such party therein, may bear to be qualified, such prohibitions, conditions, restrictions or limitations, being of the nature of prohibitions, conditions, restrictions or limitations of entail, or intended to regulate the succession of such party, or to limit, restrict or abridge his possession or enjoyment of such land or estate in favour of any future heir, and such party shall be deemed and taken to be the fee-simple proprietor of such land or estate, and it shall be lawful to such party to make application by way of summary petition to the Court of Session, setting forth the facts, and referring to this 10 Act, and craving the court to pronounce an act and decree declaring him fee-simple proprietor of such land or estate, and unaffected by any such conditions, provisions, restrictions or limitations, and the Court shall proceed in such petition as may be just, and shall have power to pronounce an act and decree declaring such party to be fee15 simple proprietor of such land or estate, and unaffected as aforesaid; and such act and decree may be recorded in the register of sasines, and being so recorded, shall have all the operation and effect of the most formal and valid disposition to such party, and his heirs and assignees whomsoever, of such lands or estate, with infeftment thereon 20 in favour of such party duly recorded: Provided always, That the 25 rights of the superior of such lands or estate, and of all parties holding securities thereon, and all rights which are held independently of such trust disposition or settlement, or other deed of trust, shall be as they are hereby reserved entire. And be it Enacted, That where any land or estate in Scotland shall by virtue of any tack, assignation of tack, or other deed or writing dated on or after the said First day of March One thousand eight hundred and Forty-eight, be held in lease either directly or through trustees for his behoof by a party of full age, born after the date of 30 such tack, assignation of tack, or other deed or writing, such party shall not be in any way affected by any prohibitions, conditions, restrictions or limitations which may be contained in such tack, assignation of tack, or other deed or writing, or by which the same or the interest of such party therein may be qualified, such prohibitions, 35 conditions, restrictions or limitations being of the nature of prohibitions, conditions, restrictions or limitations of entail, or intended to regulate the succession of such party, or to limit, restrict or abridge his possession or enjoyment of such land or estate in favour of any future heir Provided always, That it shall be lawful to the pro40 prietor of whom such lease is held to enforce any prohibitions, conditions, restrictions or limitations contained in such tack, assignation of tack or other deed or writing, which shall have been inserted therein for the bonâ fide purpose of protecting the just rights and interests of such proprietor, in so far as such enforcement may be necessary in order to such protection. 47. CLAUSE (J). Or by leases. 49. Court may Sederunt. And be it Enacted, That all consents of heirs of entail, or of their tutors or curators or other legal guardians, under this Act, shall be in the form of writings duly tested according to the law of Scotland, and otherwise in such form as may be fixed by the Court of Session by act of Sederunt; and no consent duly given in the manner provided by this 5 Act shall be revocable by the granter thereof. And be it Enacted, That it shall be lawful to the Court to pass such make Acts of Act or Acts of Sederunt as the Court may deem proper for the further regulation of the forms of procedure under this Act, and otherwise for rendering this Act more effectual, according to the true intent and meaning hereof. 50. Interpretation of words. 51. Act may be altered. 10 And be it Enacted, That in construing this Act, except where the nature of the provision shall be repugnant to such construction, the words "Court of Session" or "the Court," shall be construed to mean either division of the Court of Session; and the words "Heir" 15 and "Heir of Entail" shall include the institute; and the words "Heir Apparent" shall be construed to mean the heir who is next in succession to the heir in possession, and whose right of succession, if he survive, must take effect; the words "Land and Lands" shall extend to and comprehend all heritages; the words "Entailed Estate" shall 20 extend to and comprehend all heritages which by the law of Scotland may be made the subject of entail; the words "Creditor" and "Creditors" shall extend to and comprehend the heirs and assignees of such creditor or creditors; and all words used in the singular number shall be held to include several persons or things; and words in the plural 25 shall be held to include the singular number; and all words importing the masculine gender shall extend and be applied to females as well as males. And be it Enacted, That this Act may be amended or repealed any Act to be passed in the present Session of Parliament. SCHEDULE SCHEDULE TO WHICH THE FOREGOING ACT REFERS. FORM of INSTRUMENT of DIS-ENTAIL. At [state place] the [state date] in presence of [name Notary Public] Notary Public, and of the witnesses subscribing, I [name and designation of heir in possession] Heir of Entail in possession of the Lands and others after mentioned viz. [take in full description from titles]; which Lands and others are held by me under a deed of Entail, dated [state date of Entail], and recorded [state particulars of Registration] take Instruments in the hands of the said Notary Public subscribing that the said Lands and others are now held by me free from the conditions, provisions and clauses prohibitory, irritant and resolutive of the entail, by virtue of the Act [specify this Act]. And I consent to the registration hereof in the Register of Tailzies, and also in the Books of Council and Session, and others competent, therein to remain for preservation, and thereto constitute my procurators, &c. In witness whereof I and the said Notary Public have subscribed this Instrument of Dis-entail, [complete the Testing Clause in ordinary form.] [Signature of Heir of Entail in possession.] [Signature of Notary Public.] N. P. A. B., witness. C. D., witness. 387. (Ireland.) A BILL For Amending the Law for the Leasing of [Note.-The Words printed in Italics are proposed to be inserted. in the Committee.] 5 WHEREAS by an Act passed in the Parliament of Ireland Preamble: c. 5 (Irish). in the tenth year of the reign of his Majesty King GEORGE 10 Geo. 1, the First, intituled, "An Act for the further Encouragement of Finding "and Working Mines and Minerals within this Kingdom," it is amongst other things enacted, that it shall be lawful to and for all Archbishops and Bishops, Deans, Deans and Chapters, Archdeacons, Prebendaries and other Dignitaries Ecclessiastical, Parsons, Rectors, Vicars, and to and for all Bodies Politic and Corporate, Colleges, Cathedral or Collegiate Churches and Hospitals, and to and for all and every person or 10 persons whatsoever who now are or at any time hereafter shall be tenant or tenants for life, with an immediate remainder to his or her first and every other son in tail male, and also to and for all and every person and persons who now are or at any time hereafter shall be tenant in dower or by courtesy, by and with the consent and concurrence of such person and persons as shall be seised in reversion or remainder of an estate of inheritance of and in any Mines thereinafter mentioned, immediately expectant upon the death of such tenant in dower or by the courtesy, or in case of the non-age, idiotcy or the lunacy of such person so seised in reversion or remainder, then with and by the consent of the guardian or guardians of such minor, or the committee of such idiot or lunatic, by and with the approbation of the Lord Chancellor, Lord Keeper, or Commissioners 15 20 |