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the ancestor's infeftment proceeded, here specify it, dated the

of

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and to instrument of sasine following thereon, recorded in Register of Sasine (specify register) on

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of or otherwise specify the title of deceased as recorded in the Register of Sasines]; and when the lands are held under a deed of entail, here insert the conditions, &c., at full length, or refer to them in or as nearly as may be in the form of Schedule (C)* or, if desired, refer to them as follows, but always with and under the conditions, provisions, and prohibitory, irritant, and resolutive clauses, [or clause authorising registration in the Register of Tailzies, as the case may be,] contained in a deed of entail granted by G H [here name and design the grantor] dated the day of in favour of I K [here set forth the destination, or such part thereof as may be deemed necessary, or say and the heirs therein specified], and which conditions, provisions, and prohibitory, irritant, and resolutive clauses, [or clause authorising registration in the Register of Tailzies, as the case may be,] are herein referred to as at length set forth in the said deed of entail, which is recorded in the Register of Tailzies on the day of [or as at length set forth in the abovementioned recorded disposition or other deed or conveyance in favour of the deceased, or as at length set forth in any other recorded deed or conveyance. And in every case where there are any real burdens, conditions, provisions, or limitations, proper to be inserted or referred to, insert them here, or refer to them in or as nearly as may be in the form of Schedule (D).]†

That the petitioner is the eldest son [or state what other relationship or

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Tailzies, as the case may be], con-
tained in the said disposition and
deed of entail, dated and recorded as
aforesaid [or in (specify deed or con-
veyance) recorded in (specify Register
of Sasines) upon the
day of
in the year J.

[And in subsequent clauses in which it is usual or requisite to refer again to the conditions of the entail, &c., the reference may be made thus:] but always with and under the conditions, provisions, and prohibitory, irritant and resolutive clauses [or clause authorising registration in the Register of Tailzies, as the case may be] before referred to.

+ SCHEDULE (D). Clause of Reference to real burdens,

conditions, &c., in investiture. [After the description of the lands, instead of inserting the burdens, &c., at length, these may be referred to as follows, viz. :] but always with and under the real burdens, conditions,

character the petitioner bears] and nearest lawful heir in special of the said CD in the lands and others foresaid. [If the service is as heir of provision, say, that the petitioner is the eldest son (or state what other relationship or character the petitioner bears) and nearest lawful heir of provision in special of the said C D in the lands and others foresaid, under and by virtue of a deed [or other conveyance] executed by E F dated [here describe the deed or conveyance by date, or otherwise describe it so as clearly to identify it]. [And if the service is as heir of entail, say, that the petitioner is the eldest son (or, state what other relationship or character the petitioner bears), and nearest and lawful heir of tailzie and provision in special of the said CD in the lands and others foresaid under and by virtue of the said deed of entail.]

[If it is wished to embrace a service in general in the same character as that in which special service is sought, say, That the petitioner is likewise heir in general, or of provision in general, or of tailzie and provision in general, or otherwise, as the case may be, of the said C D.]

May it therefore please your lordship to serve the petitioner nearest and lawful heir [or heir of provision, or heir of tailzie and provision, or otherwise as the case may be] in special of the said deceased CD in the lands and others above described [and where a general service is wished, add, and likewise nearest and lawful heir (or heir of provision, or heir of tailzie and provision) in general of the said CD, or whatever else is the character of heir sought to be established here set it forth as above]. And where the service is of heir of tailzie and provision, say here, but always with and under the conditions, provisions, prohibitory, irritant, and resolutive clauses, [or clause authorising registration in the register of tailzies,] above referred to [or above written]; and where there are real burdens, &c., say, but always with and under the real burdens, &c. above referred to [or above written]. And where there are several parcels of land or separate estates, here add, if desired, and to grant warrant to the Director of Chancery to issue separate extract decrees applicable to one or more of such parcels of land or separate estates.

According to justice, &c.

[Signed by the Petitioner or his mandatory.]
say in the said deed (or instrument)
recorded as aforesaid] on the
day of
in the year

provisions, and limitations [or such of these as may apply or have reference to the case] specified in a deed [or instrument, here specify a deed or conveyance in which the burdens, &c., were first inserted, or any subsequent deed or conveyance in which they are inserted. forming part of the progress of the titles to the lands] recorded [specify Register of Sasines, or, if the deed or conveyance as recorded has been previously referred to,

[And in subsequent clauses in which it is requisite or usual to refer again to the burdens, &c., the reference may be made thus:] but always with and under the real burdens, conditions, provisions, and limitations [or such of these as may apply or have reference to the case] before referred to.

SCHEDULE (R).

Form for a General Service where it is to be limited in its effects by a

specification annexed.

No. 1.

The petition will be in the form of Schedule (P), adding at the close of the statement of the petitioner, but the petitioner desires that his general service shall be limited to the contents of the specification annexed; and adding at the close of the prayer of petition, but under limitation as aforesaid to the contents of the specification annexed.

No. 2.

Specification of the lands and other heritages which belonged to the deceased C D referred to in the petition for general service presented to the Sheriff of

in general to the said deceased C D.

by A B as heir of

[Here insert a description of the lands and other heritages intended to be inctuded in the service, distinguishing each separate property or heritage, if there are more than one, by a separate number.]

[Signed by the Petitioner or his Mandatory.]

ACT OF SEDERUNT to regulate Publication in Services, and the Fees of Sheriff-clerks therein.-Edinburgh, 14th

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July 1847. [Made permanent by Act of Sederunt, 17th
November 1849.]

The Lords of Council and Session, in pursuance of the powers vested in them by the Act of Parliament passed in the 10th and 11th year of her present Majesty's reign, chapter 47, intituled "An Act to amend the Law and Practice in Scotland as to the Service of Heirs," declare,

I. That the abstracts to be published in regard to general and special services before the Sheriffs of counties and the Sheriff of Chan

cery, shall be in the forms, or as nearly as may be in the forms, following, according to the circumstances of the case :

1. Abstract of Petition for General Service, when presented to the Sheriff of a County.

Petition for general service to the Sheriff of [here name the county] by A B [here name and design the petitioner] as [here mention the relationship and

character as stated in the petition] in general to the deceased CD [here name and design the deceased] whose ordinary or principal domicile at the period of his death was in the said county.

Presented on the [here mention the date of presenting the petition].

2. Abstract of a Petition for Special Service, when presented to the Sheriff of a County.

Petition for special service to the Sheriff [here name the county] by ▲ B [here name and design the petitioner] as [here mention the relationship and character as stated in the petition] in special to the deceased C D [here name and design he deceased] in the lands of [here mention the general designation or leading, name, and if there be more parcels than one, the leading names of the lands described in the petition].

Presented on the [here mention the date of presenting the petition].

3. Abstract of a Petition for General Service, when presented to the Sheriff of Chancery.

Petition for general service to the Sheriff of Chancery by A B [here name and design the petitioner] as [here mention the relationship and character as stated in the petition] in general to the deceased C D [here name and design the deceased] whose ordinary or principal domicile, at the period of his death, was in the county of [here name it, or who died domiciled furth of Scotland]. Presented on the [here mention the date of presenting the petition].

4. Abstract of a Petition for Special Service, when presented to the Sheriff of Chancery.

Petition for special service to the Sheriff of Chancery by A B [here name and design the petitioner] as [here mention the relationship and character as stated in the petition] in special to the deceased C D [here name and design the deceased] in the lands of [here mention the general designation or leading name, and, if there be more parcels than one, the leading names of the lands described in the petition] situate in the county of [here name it, or if in more counties than one, say, in the counties of

and

Presented on the [here mention the II. That in making edictal publication of all services, an abstract, in the form above prescribed, as suitable to the case, shall be left by the sheriff-clerk of Chancery at the office of the Keeper of the Register of Edictal Citations, and shall be entered by him in a separate book, to be kept by him for that purpose, and shall be printed and published weekly in the printed re

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date of presenting the petition].

cord of edictal citations, which, so far as regards the purposes of this enactment, shall be a weekly publication.

III. That the official notices of publication shall be required and given by the several sheriff-clerks, whether of counties or of Chancery, in the following forms, or as nearly as may be in these forms:

1. Requisition from the Sheriff-clerk of a County to the Sheriff-clerk of

Chancery.

[Place and Date.]

SIR,-I request you to publish edictally the service of which an abstract

is subjoined, and to send me immediate notice of your having done so. I am, &c.

[Signature and designation.]

[Here copy the abstract.]

2. Answer by the Sheriff-clerk of Chancery to the above.

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SIR,-I have received your requisition of the [date], which I return enclosed, with a certificate of publication annexed to it. I am, &c. [Signature and designation.]

3. Certificate of publication to be so annexed by the Sheriff-clerk of Chancery. [Date.]

Edinburgh,

I hereby certify that the before-written abstract was edictally published by me this day.

Edinburgh,

[Signature and designation.]

4. Requisition from the Sheriff-clerk of Chancery to the Sheriff-clerk of a County. [Date.] SIR,-I request you to publish in your county the service of which an abstract is subjoined, and to send me immediate notice of your having done so. I am, &c.

[Signature and designation.]

[Here copy the abstract.]

5. Answer by the Sheriff-clerk of the County to the above.

[Place and date.] SIR,-I have received your requisition of the [date], which I return inclosed, with a certificate of publication annexed to it. I am, &c.

[Signature and designation.]

6. Certificate of publication to be so annexed by the Sheriff-clerk of the County. [Place and date.]

I hereby certify that the before-written abstract was duly published in this county by me this day.

IV. That the requisition for publication above prescribed shall be made by the sheriff-clerk, whether of a county or of Chancery, with whom the petition for service has been lodged, without delay after his receiving such petition, in a post-paid letter; and the publication shall be made, and the prescribed answer to such requisition shall be returned, likewise in a post-paid letter, without delay.

V. That when a petition of service is lodged with the sheriff-clerk

[Signature and designation.]

of any county he shall receive from the party presenting the same the fee payable to the sheriff-clerk of Chancery for the edictal publication thereof and shall, once in each year, at a period and in the manner to be appointed under proper authority, make due accounting to the sheriff-clerk of Chancery therefor. And when a petition of service shall be lodged with the sheriff-clerk of Chancery, he shall receive from the party presenting the same the fee payable to the sheriff-clerk of the

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