Titles to Land Consolidation (Scotland) Act 1868

SCHEDULE (Y.) U.K.

No. 1 U.K.

Petition to the Lord Ordinary for Forfeiture of Feu Duties under or above 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 day of 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 sasine:

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; 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. 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 duties and casualties payable on the entry of the petitioner, and that the petitioner shall be entitled to retain from him and his successors, as immediate superiors, the yearly feu duties and whole other prestations, until fully paid and indemnified for all the expenses of this petition and procedure to follow hereon, and for all the expenses of completing the petitioner’s title in terms of the said Act; and thereafter, on resuming consideration of this petition, with or without answers, to find and declare that the said G.H. has forfeited and amitted all right to the dues and casualties payable on the entry of the petitioner, and that the petitioner is entitled to retain from him and his successors, as immediate superiors, the yearly feu duties and whole other prestations until fully paid and indemnified for all the expenses of this petition, and of the procedure to follow hereon, and for all the expenses of completing the petitioner’s title in terms of the said Act; and also to grant warrant to the petitioner to apply for and obtain an entry in the said lands and others from the Crown [or Prince of Scotland, or I.K.,the mediate over superior], as acting in the vice of the said G.H.,and to authorize decree to the above effect to be extracted ad interim; and thereafter, upon the completion of the petitioner’s title by an entry from the Crown [or Prince of Scotland, or such mediate over superior] as aforesaid, to remit the accounts of the expenses of this petition and procedure hereon, and of the expenses of completing the petitioner’s title, to the auditor to tax the same, and to report, and to modify the amount of the said expenses, and to decern for retention of the amount thereof as aforesaid, [if the parties have agreed to or are in treaty for a relinquishment, add,or in the event of the said G.H. relinquishing the superiority, to find, decern, and declare the same to be extinguished in manner and to the effect expressed in the Statute] or to do otherwise in the premises as to your lordship shall seem just. According to justice. &c.

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

No. 2 U.K.

Interlocutor by Lord Ordinary in 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 duties and casualties payable on the petitioner’s entry, and that the petitioner shall be entitled to retain from him and his successors, as immediate superiors, the yearly feu duties and the whole other prestations, until fully paid and indemnified for the expenses of the petition and procedure thereon, and for all the expenses of completing the petitioner’s title in terms of the said Act.

No. 3 U.K.

Decree by Lord Ordinary in 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 on entry to the petitioner, finds and declares, that the said G.H. has forfeited and amitted all right to the duties and casualties payable on the entry of the petitioner, and that the petitioner is entitled to retain from him and his successors, as immediate superiors, the yearly feu duties and whole other prestations, until fully paid and indemnified for all the expenses of the said petition and procedure thereon, and for all the expenses of completing the petitioner’s title; grants warrant to the petitioner to apply for and obtain an entry in the lands and others described in the petition from the Crown [or Prince of Scotland, or I.K.,the mediate over superior], as acting in vice of the said G.H.,and decerns and allows this decree to go out and be extracted ad interim; and, on the petitioner’s title being completed, appoints accounts of the expenses of the petition and procedure thereon, and of completing the title, to be lodged, and remits the same, when lodged, to the auditor to tax and report.

No. 4 U.K.

Finding for Expenses in above Petition U.K.

The Lord Ordinary approves of the auditor’s report on the petitioner’s account of expenses, modifies the same to £ sterling, and decerns against the said G.H. for payment thereof to the petitioner by retention, as prayed for [or personally against the said G.H., as the case may be].