Entail Amendment Act
Entail Amendment Act (1853 c. 94)
- Entail Amendment Act (1853 c. 94)
- 1 Forms of procedure under recited Act and this Act merely directory.
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- 3 Applications, &c. may be amended where authorized by the Court.
- 4 Instruments of disentail may be executed, and the sanction and authority of the Court to record the same afterwards applied for.
- 5 Conveyances, excambions, &c. may be made, and the authority of the Court afterwards interponed.
- 6 Competent to present continuing petitions for authority to grant feus and long leases.
- 7 Bond and disposition in security for provision to younger child may be granted to any party advancing the amount thereof.
- 8 Money placed in trust prior to 1st August 1848 to purchase land to be entailed may be partly invested in land and partly employed for the benefit of such land.
- 9 Sales may be made to pay off entailer’s debts.
- 10 Where, at passing of this Act, entailed estates may be sold under judicial authority, parties entitled to sell may make application to the Court, in form prescribed by recited Act.
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- 13 Where tailzie executed after 1st Aug. 1848 does not expressly prohibit the granting of feus, &c., heir of entail in possession may execute powers of granting feus, &c.
- 14 Heirs of entail in possession entitled to sell portion of estates, &c. under 8 & 9 Vict. c. 19. may do so in consideration of annual feu duty, &c.
- 15 Company not to pay, nor heir of entail to receive, any grassum, &c. for any rights conveyed but annual feu duties, &c.
- 16 All feu duties, &c. made payable by company to be a first charge on the revenues of company.
- 17 Affidavit sufficient if stated to best of belief. As to affidavits not lodged in time.
- 18 Provision as to consents for minors and incapacitated persons.
- 19 Rights of heir of entail obtaining consents, &c. not to be affected by alteration of circumstances afterwards occurring.
- 20 Heirs of entail not to give consents where opposed by heritable creditors.
- 21 Heir apparent of entail not to give consent in opposition to such creditors.
- 22 Propelling of succession, under reservation of life rent, to have no effect upon applications under this or recited Act.
- 23 Bonds, &c. in security may contain power of sale.
- 24 Judgments and decrees to be final.
- 25 Interpretation of terms.
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