SCHEDULES referred to in foregoing Act

SCHEDULE (AA.)

Nos. 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:
Amendments (Textual)
F1

Ss. 16, 49, 53, 56, 57, 80–82, 89, 94, 95, 97–99, 115, Schs. (E.), (I.), (R.), (T.) Nos.1, 3, (V.), (AA.) Nos. 1, 2 repealed by Statute Law Revision Act 1893 (c. 14)

No. 3

Writ of Clare constat proceedings on a Decree of Forfeiture or Relinquishment

Annotations:
Amendments (Textual)
F2

Words in Sch.(AA.) No. 3 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4, para. 16 (with ss. 9(3)(5)(7), 13, 14(3))

I, A.B.,immediate lawful superior of the lands and others after mentioned, in virtue of a decree of forfeiture [or relinquishment, as the case may be] against G.H., heir apparent of my immediate vassal last infeft in the said lands and others, pronounced by Lord Ordinary on the Bills, dated the day of in a petition at the instance of C.D. [here name and design the heir in whose favour the writ is to be granted]: whereas by authentic instruments and documents it clearly appears that E.F., [here name and design the ancestor] died last vest and seised as of fee in, &c. [as in schedule(W.)No. 1. down to and including the statement of the relationship and character of heir which the party holds]; and that the said lands and others are, in virtue of the said decree, now holden of me and my successors, as superiors thereof, in free blench farm, [or feu farm, as the case may be, according to the tenure by which the forfeited or relinquished superiority was held,] for ever, for payment of [here specify the reddendo for which the forfeited or relinquished superiority was held]. Therefore, I hereby declare the said C.D. to be the heir entitled to succeed to the said E.F. in the said lands to be holden of me and my foresaids for payment of the said duties. F2Testing clause+.

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

Note.- Where the next superior is the Crown, writs by the Crown will be granted in similar terms to the above, but adapted to the forms of Chancery.