- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Entail Act 1838. Any changes that have already been made by the team 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.
An Act to extend the powers of an Act of the Sixth and Seventh Year of the Reign of His late Majesty, in relation to granting tacks and making excambions by heirs of entail.
[4th August 1838]
Scots Act 1685 c. 26.
And whereas the powers granted by the said Act are granted only to heirs in possession under entails made and established pursuant to the Entail Act1685; and it is expedient that the powers of granting tacks and making excambions, conferred by the said first-recited Act, should be extended to heirs in possession of entailed estates under deeds of entail not recorded in terms of the said second-recited Act:
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.
Modifications etc. (not altering text)
All the powers of granting tacks and of making excambions conferred by the said first-recited Act upon heirs of entail in possession of entailed estates, in virtue of any deed of entail made and established, or which may hereafter be made and established, pursuant to the directions of the said second-recited Act, shall extend and are hereby extended to heirs of entail in possession of entailed estates under deeds of entail not recorded in terms of the said second-recited Act; and all the powers, provisions, and clauses contained in the first-recited Act, in relation to the granting tacks and making excambions, shall, except as herein otherwise provided, extend to and be as good, valid, and effectual for carrying this Act into execution as if the same had been repeated and re-enacted in the body of this Act.
Provided always, that all contracts of excambion to be executed in virtue of the powers of this Act shall be recorded in the sheriff court books of each of the shires, in which the lands or heritages excambed are situated, and shall thereupon be effectual to all intents and purposes, without the necessity of being recorded in the register of tailzies, as by the said first-recited Act required.
In case any excambion shall be made of lands held under a deed of entail which has not been recorded in the register of entails, and such deed of entail shall, after such excambion, be recorded in the said register, it shall be incumbent upon the party registering the entail to register also at the same time in the said register of entails any contract or contracts of excambion on any part or parts of the entailed state entered into before the registration of the deed of entail as aforesaid, and failing the registration of such contract or contracts, such deed of entail, in so far as regards any such excambion made before the registration, shall be deemed and taken to be unrecorded in the said register of entails.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: