Version Superseded: 28/11/2004
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Entail Act 1685 (repealed).
Textual Amendments
F1Act repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)
Modifications etc. (not altering text)
C1Short title “The Entail Act 1685” given by Short Titles Act 1896 (c. 14)
C2Act amended by Entail (Scotland) Act 1914 (c. 43), s. 2
C3This Act is listed in 12mo edition as 1685 c.22
Our Soveraigne Lord with Advice and Consent of His Estates of Parliament Statuts and Declares That it shall be Lawfull to His Majesties Subjects to Tailyie their Lands and Estates and to Substitut aires in their Tailyies with such Provisions and Conditions as they shall think fitt and to affect the saids Tailyies with Irritant and Resolutive clauses wherby it shall not be Lawfull to the Airs of Tailyie to sell annalyie or Dispone the saids Lands or any part therof or Contract Debt or Doe any other Deed whereby the samen may be apprised adjudged or evicted from the others Substitute in the Tailyie or the Succession ffrustrat or interrupted Declaring all such deeds to be in themselves null and Void and that the next Air of Tailyie may immediately upon the contravention pursue declarators Therof And Serve himself air to him who died last infeft in the fee and did not contraveen without necessity anyways to represent the Contraveener It is allways Declared that such Tailyies shall only be allowed in which the forsaid Irritant and Resolutive clauses are insert in the Procuratorys of Resignation Charters precepts and instruments of Seasine And the Original Tailyie once produced before the Lords of Session judicially who are hereby ordained to interpose their authority therto and That a Record be made In a particular Register Book to be keept for that effect Wherin Shall be Recorded the Names of the Maker of the Tailyie and of the aires of Tailyie and the Generall Designations of the Lordships and Barronies And The Provisions and Conditions contained in the Tailyie With the forsaid Irritant and Resolutive clauses Subjoyned therto to remain in the said Register ad perpetuam Rei memoriam . . . F2 and being so insert His Majesty with advice and consent forsaid Declares the samen to be Reall and effectuall not only against the Contraveeners and their aires but also against their creditors Comprysers adjudgers and other Singular Successors Whatsoever whither by Legall or conventionall titles . . . F3
Textual Amendments
F2Words repealed by Statute Law Revision (Scotland) Act 1906 (c. 38)
F3Words repealed by Act as to persons forfeited 1690 (c. 104) and Statute Law Revision (Scotland) Act 1906 (c. 38)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
