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Titles to Land Consolidation (Scotland) Act 1868

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This is the original version (as it was originally enacted).

29Nature and Form of Petition.

Every Petition for Service shall he subscribed by the Petitioner, or by a Mandatory specially authorized for the Purpose, and shall be in the Form, or as nearly as may be in the Form, of one or other of the Schedules (P.) and (Q.) hereunto annexed, and shall, under the Exceptions after mentioned, set forth the Particulars which, according to the Law and Practice existing prior to the Fifteenth Day of November One thousand eight hundred and forty-seven, had been in use to he set forth with reference to a Service sought to he carried through in any Claim presented to a Jury summoned under a Brieve of Inquest, and shall pray the Sheriff to serve the Petitioner accordingly: Provided always, that it shall not be necessary in such Petition to set forth in any Case the Value of the Lands either according to new or old Extent, or the valued Rent thereof, or of whom the Lands are held, or by what Service or Tenure they are held, or in whose Hands the same have been since the Death of the Ancestor, or whether or how long the same have been in Non-entry, or that the Petitioner is of lawful Age, or that the Ancestor died at the Faith and Peace of the Sovereign, but that in setting forth the Death of the Ancestor there shall also be set forth the Date at or about which the said Death took place, and in cases of General Service, except as herein-after provided, the County or Place in which the Deceased at the Time of his Death had his ordinary or principal Domicile, and that in every Case in which the Petitioner claims to be served Heir of Provision, or of Taillie and Provision, whether in general or special, the Deed or Deeds under which he so claims shall be distinctly specified.

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