Titles to Land Consolidation (Scotland) Act 1868

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.