Titles to Land Consolidation (Scotland) Act 1868

105 Owner may in such case apply to Lord Ordinary on Bills to authorize application for an entry by the Crown or mediate over superior as in vice of the recusant superior. U.K.

If in the case aforesaid the annual reddendo shall exceed in value or amount the sum of five pounds sterling, or, in the option of the said heir, disponee, adjudger, or other party, whether the said annual reddendo shall exceed the said sum of five pounds sterling or not, it shall be lawful for such heir, disponee, adjudger, or other party to present a petition to the Lord Ordinary on the Bills, in the form or as nearly as may be in the form of No. 1. of schedule (Y.) hereto annexed, praying for warrant and decree as there set forth, and the Lord Ordinary shall pronounce an order for service, in the terms or as nearly as may be in the terms of the interlocutor given in No. 2. of schedule (Y.) hereto annexed; and if after such service and expiration of the days mentioned in such order of service such person shall not comply with the demand of the petition by completing his title and granting entry to such petitioner as aforesaid, or shall not show reasonable cause to the Lord Ordinary why he delays or refuses so to do, he shall, for himself and his heirs, whether of line, conquest, taillie, or provision, forfeit and amit all right to the dues and casualties payable on the entry of such petitioner, who shall also be entitled to retain his feu duties or other annual prestations until fully paid and indemnified for all the expenses of the petition and procedure thereon, and all the expenses of completing his title in terms of this Act; and the Lord Ordinary shall pronounce interim decree to that effect, and grant interim warrant for such petitioner applying for and obtaining an entry from the Crown, or, in the option of the petitioner, from the mediate over superior as acting in the vice of such superior, all in the form or as nearly as may be in the form of No. 3. of schedule (Y.) hereto annexed; and any petitioner who shall obtain such decree under this Act, or who shall have obtained a similar decree under a petition presented in virtue of any of the Acts of Parliament hereby repealed, shall be entitled forthwith to lodge, along with an extract of the said decree, in the office of the presenter of signatures, a draft of a proposed writ from the Crown, as in vice of such superior, with a short note in terms of this Act; and such writ, for which the said extract decree shall be a sufficient warrant may be in or as nearly as may be in one or other of the forms given in schedule (Z.) hereunto annexed, and shall be as effectual as if granted by the mediate superior of the feu duly infeft in the superiority; and, when there is a mediate over superior duly infeft, such extract decree shall, in the option of the petitioner, be directed against such mediate over superior, and shall be a sufficient warrant for letters of horning to charge such mediate over superior to enter the petitioner, by granting a valid writ as in vice of such superior; and after completion of his title the petitioner shall be entitled, if he thinks fit, to lodge, as part of the proceedings under his petition, an account of the expenses of that process, and of completing his title, and the Lord Ordinary shall, if required on the part of such petitioner, modify the amount thereof, and decern for retention as aforesaid, in the form of No. 4. of schedule (Y.) hereto annexed.