Titles to Land Consolidation (Scotland) Act 1868

SCHEDULE (X.) U.K.

No. 1 U.K.

Petition to the Lord Ordinary for Forfeiture of Superiority where Reddendo does not exceed Five Pounds U.K.

Unto the Honourable the Lord Ordinary on the Bills, the petition of A.B. humbly showeth, that by disposition dated the granted by C.D. of the said C.D. disponed to the petitioner all and whole [here describe the subjects as in the disposition] to be held of the disponer’s superior, with warrants of resignation and infeftment:

That the petitioner’s author, the said C.D.,held the said lands and others, of and under the late E.F. as his immediate lawful superior, for an annual reddendo not exceeding in value or amount five pounds sterling; that G.H. is the eldest son [or whatever other relation he is] and apparent heir of the said E.F.,and as such has right to the superiority of the said lands and others, but he has not made up a feudal title thereto, and is therefore not in a situation to grant entry to the petitioner, although demanded from him; and the petitioner now applies to your lordship for redress in terms of the Act [here mention this Act], and produces the above-mentioned disposition in his favour.

May it therefore please your lordship, in terms of the said Act, to grant warrant for serving this petition on the said G.H. personally, or at his dwelling place [here add a prayer for edictal citation in the usual form, if the party is furth of Scotland], and to ordain him, within thirty days after the date of such service [or within sixty days if he be furth of Scotland, or in Orkney or Shetland], to procure himself entered and infeft in the said lands and others, and to enter the petitioner in the same, on payment of the duties and casualties exigible on such entry, or else to show cause for delaying or refusing to do so, with certification that if he fail he shall forfeit and amit all right to the said superiority; and in the event of the said G.H. failing so to complete his title and grant entry to the petitioner, or to show reasonable cause why he delays or refuses so to do, to find and declare that the said G.H. has forfeited and amitted all right to the said superiority, and that the petitioner and his heirs and successors are entitled to hold the said lands and others in all time coming as vassals immediately of and under the next over superior by the tenure and for the reddendo by and for which the forfeited superiority was held. According to justice. &c.

Note.—The above form is applicable to the case where the petitioner requires a charter or writ of resignation. In other cases the form must be varied, so far as necessary, to suit the circumstances.

No. 2 U.K.

Interlocutor by Lord Ordinary on above Petition U.K.

The Lord Ordinary grants warrant to messengers-at-arms to serve the said petition and this deliverance on the said G.H. as prayed for, and ordains the said G.H. within thirty days [or sixty days, as the case may be] after the date of such service, to procure himself entered and infeft in the lands and others described in the petition, and to enter the petitioner in the same, on payment of the duties and casualties exigible on such entry, or else to show cause for delaying or refusing to do so, with certification that if he fail he shall forfeit and amit all right to the said superiority in terms of the said Act.

No. 3 U.K.

Decree by Lord Ordinary on above Petition U.K.

The Lord Ordinary, having resumed consideration of the said petition, with the execution thereon, now expired, in respect the said G.H. has not shown cause for delaying or refusing to complete his title to the superiority, and to grant an entry to the petitioner, finds and declares, that the said G.H. has forfeited and amitted all right to the said superiority, and that the petitioner and his heirs and successors are entitled to hold the lands and others described in the petition in all time coming as vassals immediately of and under the next over superior by the tenure and for the reddendo by and for which the said forfeited superiority was held; grants warrant to the petitioner and his foresaids to apply for and obtain an entry in the said lands and others from the said over superior, in the terms foresaid, and decerns and ordains the decree to be extracted hereon to be recorded in the register of sasines.