Titles to Land Consolidation (Scotland) Act 1868

34 Case where Domicile of Party is unknown.

Where a General Service only is intended to he carried through by an Heir, it shall not he necessary, if the Deceased died upwards of Ten Years prior to the Date of presenting the Petition for General Service as Heir to him, to state or prove the County within which the Deceased had his ordinary or principal Domicile at the Time of his Death, or that such Domicile was furth of Scotland; but in such Cases it shall be sufficient (so far as regards the Domicile of the Deceased) for the Heir to state in his Petition, and if required in the Court of Service to make Oath, that he is unable to prove at what Place the Deceased had his ordinary or principal Domicile at the Time of his Death : Provided always, that in every such Case and in every Case of General Service where it is doubtful in what County the Deceased had his ordinary or principal Domicile, the Petition for General Service as Heir to the Deceased shall be dealt with, and all relative Procedure shall be regulated, in or as nearly as may be in the same Manner as if it had been proved that the Deceased had at the Time of his Death his ordinary or principal Domicile furth of Scotland.