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Feudal Casualties (Scotland) Act 1914

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Commencement Orders yet to be applied to the Feudal Casualties (Scotland) Act 1914

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Section 6.

SCHEDULE AE+W+S+N.I. Table referred to in Section 6 of the foregoing Act of the Expectancy of Life of the Person on whose Death the Incidence of the next Casualty depends, such Person being a Male

Years of Age of such Person.Years of Expectancy of his Life.Years of Age of such Person.Years of Expectancy of his Life.
Under 1392637
1452736
2482836
3502935
4513034
5513134
6513233
7513332
8503432
9503531
10493630
11483730
12473829
13473928
14464028
15454127
16444226
17444326
18434425
19424524
20414624
21414723
22404823
23394922
24395021
25385120
5220786
5319796
5418806
5518815
5617825
5716835
5816844
5915854
6014864
6114874
6213884
6313893
6412903
6512913
6611923
6711933
6810943
6910953
709963
719973
728983
738993
7471002
7571012
767102 and1
776upwards1

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.

Section 8.

SCHEDULE BS Form of Discharge of Casualties

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]:

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Amendments (Textual)

F1Words in Sch. B substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 28(a) (with ss. 9(3)(5)(7), 13, 14(3))

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)].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in Sch. B at the end of the Note added (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para.28 (with ss. 9(3)(5)(7), 13, 14(3))

Section 10.

SCHEDULE CS Form of Discharge of Additional Feu-Duty

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]:

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in Sch. C substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para.28 (with ss. 9(3)(5)(7), 13, 14(3))

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)].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Words in Sch. C at the end of the Note added (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para.28 (with ss. 9(3)(5)(7), 13, 14(3))

SCHEDULE DE+W+S+N.I.

I. Form of Notice to be given by the Superior requiring Redemption of Casualties (1)E+W+S+N.I.

[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).

II. Form of Notice to be Given by the Proprietor of the Feu of Intention to redeem Casualties (1)E+W+S+N.I.

[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).

III. Form of Notice for Register of Inhibitions and Adjudications (1)E+W+S+N.I.

(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.

F5F5SCHEDULE EE+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

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