Titles to Land Consolidation (Scotland) Act 1868

60 General and Special and General Special Charges to be no longer necessary.

It shall not he competent to use Letters of General or Special Charge, or General Special Charge, hut in an Action of Constitution of an Ancestor's Debt or Obligation against his unentered Heir the Citation on and Execution of the Summons in such Action shall be held to imply and be equivalent to a General Charge, the induciae of which shall expire with the induciae of such Summons, and shall infer the like Certification with such General Charge; and it shall thereafter be competent to adopt under such Summons the same Procedure in all respects, and to pronounce the same Decree, which would have been competent had such Summons been preceded by Letters of General Charge duly executed against such Heir, according to the Law and Practice in use prior to the Thirtieth Day of September One thousand eight hundred and forty-seven, which Decree shall be a valid Decree of Constitution; and in an Action of Adjudication, whether for Debt or in Implement, against such Heir following on such Decree of Constitution, or in an Action of Adjudication against an unentered Heir founded on his own Debt or Obligation, the Citation on and Execution of the Summons of Adjudication shall be held to imply and be equivalent to a Special Charge or General Special Charge, as the Circumstances may require, the induciae of which Charge shall expire with the induciae of such Summons, and shall infer the like Certification with such Special Charge or General Special Charge, as the Case may be; and it shall thereafter be competent to adopt under such Summons the same Procedure in all respects, and to pronounce the same Decree, which would have been competent had such Summons been preceded by Letters of Special Charge or General Special Charge, as the Case may be, duly executed against such Heir according to the Law and Practice in use prior to the Thirtieth Day of September One thousand eight hundred and forty-seven ; which Decree shall be a valid Decree of Adjudication, whether for Debt or in Implement; and in Actions of Constitution and Adjudication against an unentered Hen on account of his Ancestor's Debt or Obligation, for the Purpose of attaching the Ancestor's Heritable Estate, it shall not be necessary to raise a separate Summons of Constitution and a separate Summons of Adjudication, but both Actions may be combined in One Summons, whether the Heir renounce the Succession or not, and the Citation on and Execution of such Summons shall be- held to imply and be equivalent to a General Charge, or to a General Charge and a Special Charge, or to a General Charge and a General Special Charge, as the Circumstances of the Case may require, the Induciae of which shall expire with the Induciae of such Summons, and shall infer the like Certification with such General Charge, or General Charge and Special Charge, or General Charge and General Special Charge, as the Case may be; and in such combined Action of Constitution and Adjudication it shall be competent to adopt the same Procedure in all respects, and to pronounce the same Decree or Decrees, which would have been competent had such Summons been preceded by Letters of General Charge duly executed against such Heir according to the Law and Practice in use prior to the Thirtieth Day of September One thousand eight hundred and forty-seven, or which would have been competent had a separate Summons of Constitution and a separate Summons of Adjudication been raised against such Heir, and been preceded respectively by Letters of General Charge, or of Special Charge, or General Special Charge, duly executed against such Heir according to the Law and Practice in use prior to the Thirtieth Day of September One thousand eight hundred and forty-seven, which Decree or Decrees shall be valid Decrees of Constitution, or of Adjudication, whether for Debt or in Implement, or of Constitution and Adjudication, whether for Debt or in Implement, as the Case may be; and in such combined Action of Constitution and Adjudication, whether for Debt or in Implement, it shall be competent to pronounce Decree of Constitution and Adjudication in One and the same Interlocutor, and to extract the same in One and the same Extract, which Decree shall have the full Force and Effect of a Decree following upon a Summons of Constitution preceded by Letters of General Charge, and also of a Decree following upon a Summons of Adjudication, whether for Debt or in Implement, preceded by Letters of Special or General Special Charge, as the Case may be; anything in an Act of the Parliament of Scotland passed in the Tear One thousand five hundred and forty, and in another Act of the Parliament of Scotland passed in the Tear One thousand six hundred and twenty-one, or in any other Act of the Parliament of Scotland or of Great Britain, or of the United Kingdom of Great Britain and Ireland, or any Law or Practice, to the contrary notwithstanding.