Titles to Land Consolidation (Scotland) Act 1868

Form of Petition of Special Service U.K.

Unto the Honourable the Sheriff of [specify the county, or say “of Chancery,”] the petition of A.B. [here name and design the petitioner],Humbly showeth,

That the late C.D. [here name and design the ancestor ]died on or about theday of [state the month and the year at full length], last vest and seised in [here describe or refer as in schedule (E.) or schedule (G.) to the lands with reference to which the service is sought], conform to disposition [or other deed or conveyance] dated theday of, and along with warrant of registration thereon, on behalf of the said C.D., recorded in theregister of sasines (specify register) ontheday of [or conform to disposition, or whatever else was the deed of conveyance on which the ancestor’s infeftment proceeded, here specify it, dated theday of, and to instrument of sasine following thereon, recorded in theregister of sasines (specify register) ontheday of, or otherwise specify the title of deceased, as recorded in the register of sasines]; and when the lands are held under a deed of entail, here insert the conditions, &c. at full length, or refer to them in or as nearly as may be in the form of schedule (C) or, if desired, refer to them as follows, but always with and under the conditions, provisions, and prohibitory, irritant and resolutive clauses, [or clause authorizing registration in the register of tailzies, as the case may be,] contained in a deed of entail granted by G.H. [here name and design the grantor] dated theday of, in favour of I.K. [here set forth the destination, or such part thereof as may be deemed necessary, or say and the heirs therein specified], and which conditions, provisions, and prohibitory, irritant, and resolutive clauses,[or clause authorizing registration in the register of tailzies, as the case may be,] are herein referred to as at length set forth in the said deed of entail, which is recorded in the register of tailzies on theday of [or as at length set forth in the above-mentioned recorded disposition, or other deed or conveyance in favour of the deceased, or as at length set forth in any other recorded deed or conveyance. And in every case where there are any real burdens, conditions, provisions, or limitations proper to be inserted or referred to, insert them here or refer to them in or as near as may be in the form of schedule (D.)]

That the petitioner is the eldest son [or state what other relationship or character the petitioner bears] and nearest lawful heir in special of the said C.D. in the lands and others aforesaid. [If the service is as heir of provision, say, that the petitioner is the eldest son (or state what other relationship or character the petitioner bears) and nearest lawful heir of provision in special of the said C.D. in the lands and others foresaid, under and by virtue of a deed [or other conveyance] executed by E.F., dated [here describe the deed or conveyance by date, or otherwise describe it so as clearly to identify it.] And if the service is as heir of entail, say, that the petitioner is the eldest son (or state what other relationship or character the petitioner bears), and nearest and lawful heir of tailzie and provision in special of the said C.D. in the lands and others foresaid, under and by virtue of the said deed of entail.

[If it is wished to embrace a service in general in the same character as that in which special service is sought, say, that the petitioner is likewise heir in general, or of provision in general, or of tailzie and provision in general, or otherwise, as the case may be, of the said C.D.]

May it therefore please your lordship to serve the petitioner nearest and lawful heir [or heir of provision or heir of tailzie and provision, or otherwise, as the case may be, in special of the said deceased C.D. in the lands and others above described [and where a general service is wished, add, and likewise nearest lawful heir (or heir of provision, or heir of tailzie and provision) in general of the said C.D., or whatever else is the character of heir sought to be established, here set it forth as above]. And where the service is as heir of tailzie and provision, say here, but always with and under the conditions, provisions, prohibitory, irritant, and resolutive clauses, [or clause authorising registration in the register of tailzies,] above referred to or above written]; and where there are real burdens, &c., say, but always with and under the real burdens, &c., above referred to [or above written]. And where there are several parcels of land or separate estates, here add, if desired, and to grant warrant to the director of Chancery to issue separate extract decrees applicable to one or more of such parcels of land or separate estates.

According to justice,&c.

[Signed by the petitioner or his mandatory.]