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Titles to Land Consolidation (Scotland) Act 1868
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Changes over time for: Section 32
Version Superseded: 28/11/2004
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- 01/02/1991- Amendment
- 20/05/1999
Point in time - 28/11/2004- Amendment
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[F132 Petition of service to be equivalent to a brieve and claim.U.K.
A petition of service so presented shall, after expiration of the period herein-after mentioned, be equivalent to and have the full legal effect of a brieve of service duly executed, and of a claim duly presented to the inquest, according to the law and practice existing prior to the fifteenth day of November one thousand eight hundred and forty-seven; and every petition of service, without further publication than is herein provided and has been or may be directed by act of sederunt, shall be held as duly published to all parties interested, and the decree to follow upon such petition shall not be questionable or reducible upon the ground of omission or inaccuracy in the observance by any officer or official person of any of the forms or proceedings herein prescribed, or which have been or shall be prescribed by act of sederunt made in relation to petitions of service.]
Textual Amendments
F1Ss. 27–38, 40–48, 50, Schs. (P.), (Q.) which were repealed by Succession (Scotland) Act 1964 (c. 41), Sch.3 are revived, without prejudice to Succession (Scotland) Act 1964 (c. 41), s. 37(1)(d), by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), s. 6—(a) in so far as they provide; and (b) for the purpose only of providing a procedure whereby the heir of a last surviving trustee in a trust, called as heir of provision in the trust destination, may establish his entitlement to act as trustee by having himself served as heir in general to the last surviving trustee.
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