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Feudal Casualties (Scotland) Act 1914, III. Form of Notice for Register of Inhibitions and Adjudications (1) is up to date with all changes known to be in force on or before 03 December 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(a) Applicable to Court of Session Action
Notice of Summons A.B. [design pursuer] against C.D. [design defender] for the recovery or redemption of [or for the fixing or recovery of compensation for] casualties exigible in respect of the estate of superiority in (2).
Summons executed [insert date of citation] (5).
(b) Applicable to Sheriff Court Action
Notice of Petition in the Sheriff Court of [specify Sheriffdom] at A.B. [design pursuer] against C.D. [design defender] for the recovery, &c. [as above].
Warrant of citation executed [insert date of citation] (5).
Notes to Schedule D
(1) If the notice is given by the creditor in a ground annual, or by the proprietor of lands subject to a ground annual, it will be adapted accordingly.
(2) Here mention names by which the lands or subjects are generally known, so as to distinguish them to the superior or the proprietor of the feu, as the case may be, but without giving any detailed description of the lands or subjects, and if in a town or village, mention the number of the street, or otherwise distinguish the feu, and if a reference to the feu-right or deed constituting the feu-duty or ground annual, as the case may be, more easily and clearly distinguishes the lands or subjects, a reference to such feu-right or deed can be given.
(3) To be signed (but not necessarily to be attested) by the superior or his agent, and to be addressed and posted or delivered to the proprietor of the feu or his known agent, and in the event of the proprietor of the feu being unknown or doubtful the notice may be addressed and posted or delivered to the person or to the agent of the person appearing in the valuation roll as proprietor, or to the person or to the agent of the person in actual receipt of the income of the feu, and also (where there is a doubt as to the proprietor) to the person or to the agent of the person as to whom such doubt exists.
(4) To be signed (but not necessarily to be attested) by the proprietor of the feu or his agent, and to be addressed and posted or delivered to the superior or his known agent, or to the person to whom the feu-duties of the feu have been paid, and in the event of the superior being unknown or doubtful, the notice to be addressed “to the superior” of the lands mentioned in the notice without name (in the event of the proprietor being unable to ascertain name of the superior), and to be posted or sent to the office of the keeper of the register of edictal citations in Edinburgh, and published in such register, and also (where there is a doubt as to the superior) to the person or to the agent of the person as to whom such doubt exists.
(5) To be signed (but not necessarily to be attested) by the superior or his agent.
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