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Feudal Casualties (Scotland) Act 1914 is up to date with all changes known to be in force on or before 23 January 2017. 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.
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|Years of Age of such Person.||Years of Expectancy of his Life.||Years of Age of such Person.||Years of Expectancy of his Life.|
Where such person is a female the expectancy of life shall, between the ages of twenty-five and seventy years inclusive, be deemed to be two years more, and shall, between the ages of seventy-one and eighty-five years inclusive, be deemed to be one year more than the expectancy set forth in the foregoing table, and at all other ages that table shall apply without any qualification.
I, A.B. [designation] superior of the lands after mentioned, in consideration of the sum of paid to me by C.D. [designation], hereby discharge all casualties incident to my estate of superiority in the lands of [here describe or refer to a description of the lands discharged]. [F1Testing clause]:
Note.—In the case of a discharge applicable to a ground annual the above form will be adapted accordingly. [F2Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995)].
I, A.B. [designation], superior of the lands in the county of described or referred to in the memorandum entered into between , and , dated and recorded in the [specify the register of sasines and the date of recording], in consideration of the sum of paid to me by C.D. [designation], hereby discharge the feu-duty of constituted by the said memorandum. [F3Testing clause]:
Note.—In the case of a discharge of an additional ground annual the above form will be adapted accordingly. [F4Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necesssary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995)].
[Place and Date.]
Take notice that I, as immediate superior of (2), belonging to you, require you to redeem all the casualties exigible in respect of my estate of superiority in said lands (3).
[Place and Date.]
Take notice that I, as proprietor of (2), intend to redeem all the casualties exigible in respect of your estate of superiority in said lands (4).
(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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