Titles to Land Consolidation (Scotland) Act 1868

66 Rectification of mistakes in former titles.U.K.

If it shall appear that any mistake has occurred in the terms of the last Crown writ or retour or decree of service, to the prejudice of the Crown, the person applying for the writ shall further, on requisition made to him or his agent to that effect, by order of the presenter of signatures, lodge the prior title deeds of the said lands, and any other title deeds of and concerning the same, in so far as such title deeds may be in his possession or at his command, and in so far as the same may be necessary for the due revisal of the said draft on behalf of the Crown, and for the rectification of such mistake, which may be rectified accordingly; and, on the other hand, if the vassal shall allege any mistake to have occurred in the terms of the last Crown writ or retour or decree of service to his prejudice, the person applying for the writ shall be entitled, without such requisition, to lodge a note explaining the alleged mistake, and produce the prior titles of the said lands, and any other title deeds or other deeds of and concerning the same, in so far as these may be necessary for the due revisal of the said draft and the rectification of such mistake, which may be rectified accordingly; but no such rectification shall in either case be allowed, nor the draft be held as finally revised or authenticated as such, until the same shall have been reported by the presenter of signatures to and approved of by the Lord Ordinary in Exchequer causes appointed in terms of the M1Exchequer Court (Scotland) Act 1856.

Marginal Citations