sterling in lieu of all casualties on the entry of heirs and singular successors, and to grant the necessary feu-charter, lease, or disposition, and which being executed and recorded in the Register of Sasines shall be effectual to all intents and purposes; and the lands so feued, leased, or disponed shall, from the date of recording the feucharter, lease, or disposition in the Register of Sasines, and so long as such feu-charter, lease, or disposition shall remain in force, be held as out of the entail, and be liberated from all the prohibitory, irritant, and resolutive clauses or clause of registration thereof: Provided always, that the superiority of the lands so feued, leased, or disponed, and the feuduties, rents, and ground-annuals thereof, shall be and shall remain subject to the said entail in the same manner as the lands themselves were subject thereto previous to the granting of such feu-charter, lease, or disposition; and it is hereby provided, that the decree of the Sheriff pronounced on such application and proceeding shall not be subject to review by suspension, advocation, or reduction, or in any other form, except by a short note of appeal to be presented to the Court of Session in one or other of the Divisions thereof, which appeal shall be disposed of by such Division as a summary cause: Provided always, that unless such note of appeal shall be lodged with the clerk of the Division of the Court of Session, and notice thereof given in writing to the opposite party, or his known agent, or lodged with the sheriff-clerk, within six months of the date of the decree of the Sheriff, such decree shall be final and conclusive; and in the event of an appeal being duly taken and lodged, the judgment of the Court of Session thereon shall be final and conclusive.

5. [Feu-charters, &c., to be void unless Buildings of certain value erected and kept in repair.]-Provided always, that every such feu-charter, lease, or dispostion shall contain a condition that the same shall be void, and the same is hereby declared void, if buildings of the annual value of, at the least, double the feu-duty, rent, or ground-annual therein stipulated shall not be built within the space of five years from the date of such grant upon the ground comprehended therein, and that the said buildings shall be kept in good tenantable, and sufficient repair, and that such grant shall be void whenever there shall not be buildings of the value foresaid, kept in such repair as aforesaid, standing upon the ground so feued, leased, or disponed.

CHAP. VI.-RELIEF OF THE POOR.

8 & 9 Vict. c. 83.-An Act for the Amendment and better Administration of the Laws relating to the Relief of the Poor in Scotland.-4th August 1845.

73. [Party refused [relief] may apply to Sheriff.]—And be it enacted, That if relief shall be refused to any poor person who shall have made application for relief, it shall and may be lawful for such poor person to apply to the Sheriff of the county in which the parish or combination from which such poor person has claimed relief, or any portion of such parish or combination, is situate, and the said Sheriff shall forthwith, if he be of opinion that such poor person is, upon the facts stated, legally entitled to relief, make an order upon the inspector of the poor, or other officer of such parish or combination, directing him to afford relief to such poor person in the meantime until such inspector or other officer shall, on or before a day to be appointed by the said Sheriff, and to be intimated in the same order, give in a statement in writing showing the reasons why the application of such poor person for relief was refused, which statement the said Sheriff shall afterwards appoint to be answered, and shall, if required, nominate an agent to appear and answer on behalf of such poor person, and shall further, if necessary, direct a record to be made up, and a proof to be led by both parties; and it shall be lawful for the Sheriff, if he shall see fit, to direct the interim support to such poor person to be continued until a final judgment shall have been pronounced on the merits of the case: Provided always, that nothing herein contained shall be construed to enable the said Sheriff to determine on the adequacy of the relief which may be afforded, or to interfere in respect of the amount of relief to be given in any individual case.

ACT of SEDERUNT for Regulating Procedure before the Sheriff Courts, in applications under the Statute 8 & 9 Vict. c. 83, § 73.-Edinburgh, 12th February 1846.

Whereas it is proper that proceedings before the Sheriff's under the statute 8 & 9 Vict. c. 83, intituled "An Act for the Amendment of the Laws relating to the Relief of the Poor in Scotland," should be summary and uniform,

The Lords of Council and Session do hereby enact and declare— 1. That where relief has been refused, by any parish or combination, to any poor person who shall have made application for relief, such poor person may apply to the Sheriff of the county without the intervention of an agent, and either verbally or in writing.

2. That the Sheriff shall forthwith proceed to consider the facts stated by such poor person; and if he be of opinion, upon the facts so stated, that such poor person is not legally entitled to relief, he shall at once pronounce a deliverance to that effect.

3. That if, on the contrary, the said Sheriff shall be of opinion, upon the facts so stated, that such poor person is legally entitled to relief, then he shall forthwith make an order upon the inspector of the poor, or other officer of the parish or combination, directing him to afford relief to such poor person in the meantime, until such inspector_or other officer shall, on or before a day to be appointed by the Sheriff in the same order, and to be intimated, lodge with the sheriff-clerk a statement, in writing, showing the reasons why the application of such poor person for relief was refused.

4. That it shall be sufficient intimation of such order to the said inspector or other officer, that a certified copy thereof be transmitted to him through the post-office marked on the back with the words "Sheriff'sOffice-Poor-Law Intimation-Immediate." And it shall be the duty of the sheriff-clerk to make such intimation. And the sheriff-clerk shall

preserve the principal order by the Sheriff, and likewise enter in the minute-book of court the date of transmitting the copy thereof as aforesaid.

5. That if, after such intimation, the inspector or other said officer, shall not, within the time appointed by the Sheriff, lodge a statement in writing, in terms of the Sheriff's order, the Sheriff shall forthwith, upon a certificate by the sheriff

clerk that a copy of such order was duly transmitted as aforesaid, pronounce a deliverance or judgment, definitively finding such poor person to be legally entitled to relief, and ordaining the parish or combination instantly to proceed and determine the question of amount.

6. That where, on the other hand, the inspector or other said officer, shall duly lodge his statement in writing, in terms of the Sheriff's order, the Sheriff shall appoint the same to be answered; and he shall, if required, nominate an agent to appear and answer on behalf of such poor person; and shall further, if necessary, direct a record to be made up, and a proof to be led, by both parties; after which he shall proceed to pronounce judgment in the cause, finding substantively such poor person to be legally either entitled or not entitled to relief; and, in the former case, ordaining the parish or combination, as before, instantly to proceed and determine the question of amount.

7. That so long as the cause shall be in dependence before the Sheriff, and after the said inspector or other officer shall have given in his. statement in writing as aforesaid, it shall be lawful for the Sheriff to resume at any time the question of interim support; and (if he shall see fit) to direct such interim support to be continued until a final judgment shall have been pronounced on the merits of the case; And it shall, on the other hand, be lawful for the Sheriff (if he see fit), after the said inspector or other officer shall have given in his statement in writing to direct such interim support to be at any time discontinued,- -as well as thereafter at any time to ordain the same to be of new afforded, as he may see cause.

8 Finally, that the said causes, so far as such poor person applying to the Sheriff is concerned, shall, in all respects, be conducted on the same footing,-in regard to payment, in the first instance, of any dues of court, or other fees, as-if such poor

well as fees, at the usual rate of charge, to his agent, and any officers of court, in like manner as if he had been an ordinary litigant; and on the said expenses being recovered, the amount thereof shall be accounted for by such poor person or his agent, to the several parties interested.

person had been admitted to the benefit of the poor's roll; that is to say, such poor person shall not, in the first instance, be liable in payment either of any dues of court, or of any dues to the clerk or officer of court, or of fees to any agent who may have been appointed to act in his behalf as aforesaid, except to the extent of actual outlay; but in the event of such poor person being ultimately found entitled to expenses of process, it shall be competent to such poor person to include and charge in his account of said expenses as against the parish or combination, all ordinary fees of court, including clerk's dues and dues of extract, as And the Lords appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form.

And further, in the event of such poor persons being ultimately subjected by the Sheriff's judgment in expenses to the parish or combination, the expenses so awarded shall be held to include all the usual fees and dues payable, and which have been paid, by the said parish or combination in the character of an ordinary litigant.

D. BOYLE, I.P.D.

CHAP. VII.-SERVICE OF HEIRS.

31 & 32 Vict. c. 101.-An ACT to Consolidate the Statutes relating to the Constitution and Completion of Titles to Heritable Property in Scotland, and to make certain Changes in the Law of Scotland relating to Heritable Rights. 31st July 1868.

1. [Short Title.]-This Act may be cited for all purposes as "The Titles to Land Consolidation (Scotland) Act, 1868."

27. [Services to proceed by petition to the Sheriff.]-From and after the commencement of this Act it shall not be competent to issue brieves from Chancery for the service of heirs, or for any person to obtain himself served heir by virtue of any such brieve, or otherwise than according to the provisions of this Act; and every person desirous of being served heir to a person deceased, whether in general or in special, and in whatsoever character, and whether the lands which belong to such person deceased were held by burgage tenure, or were not held by burgage tenure, shall present a petition of service to the Sheriff in manner hereinafter set forth.

28. [Petition to be presented to the Sheriff of the county or to the Sheriff of Chancery.]-In every case in which a general service only is intended to be carried through, such petition shall be presented to the Sheriff of the county within which the deceased had at the time of his death his ordinary

or principle domicile, or, in the option of the petitioner, to the Sheriff of Chancery, and if the deceased had at the time of his death no domicile within Scotland, then in every such case to the Sheriff of Chancery; and in every case in which a special service is intended to be carried through, such petition shall be presented to the Sheriff within whose jurisdiction the lands or the burgh containing the lands in which the deceased person died last vest and seised are situated, or, in the option of the petitioner, to the Sheriff of Chancery, and in the event of the lands being situated in more counties than one, or in more burghs than one if such burghs are in different counties, then in every such case to the Sheriff of Chancery.

29. [Nature and form of petition.]-Every petition for service shall be subscribed by the petitioner, or by a mandatory specially authorised for the purpose, and shall be in the form, or as nearly as may be in the form, of one or other of the Schedules (P) and (Q) hereunto annexed, and shall, under the exceptions after-mentioned, set forth the particulars which, according to the law and practice existing prior to the fifteenth day of November One thousand eight hundred and forty-seven, had been in use to be set forth with reference to a service sought to be carried through in any claim presented to a jury summoned under a brieve of inquest, and shall pray the Sheriff to serve the petitioner accordingly: Provided always, that it shall not be necessary in such petition to set forth in any case the value of the lands either according to new or old extent, or the valued rent thereof, or of whom the lands are held, or by what service or tenure they are held, or in whose hands the same have been since the death of the ancestor, or whether or how long the same have been in non-entry, or that the petitioner is of lawful age, or that the ancestor died at the faith and peace of the Sovereign, but that in setting forth the death of the ancestor there shall also be set forth the date at or about which the said death took place, and in cases of general service, except as hereinafter provided, the county or place in which the deceased at the time of his death had his ordinary or principal domicile, and that in every case in which the petitioner claims to be served heir of provision, or of taillie and provision, whether in general or special, the deed or deeds under which he so claims shall be distinctly specified.

30. [Services not to proceed till publication be made.]-When any petition of service shall be presented to the Sheriff of any county the service shall not proceed until publication shall be made in such county, nor until the sheriff-clerk of the county shall have received from the sheriff-clerk of Chancery official notice that publication has been made edictally in Edinburgh; and when such Petition shall be presented to the Sheriff of Chancery the service shall not proceed until publication shall have been made edictally in Edinburgh, nor until the sheriff-clerk of Chancery shall have received official notice that publication has been made in the county of the domicile of the party deceased, when such domicile was within Scot