Entail Amendment Act 1848

IX Heirs of Entail not to give Consent in opposition to Creditors in Debts now Ousting.

And be it enacted, That where any Heir of Entail called to the Succession of an entailed Estate in Scotland by any Tailzie dated prior to the said First Bay of August One thousand eight hundred and forty-eight shall have borrowed Money previous to the passing of this Act on the Security or Credit of his Right of Succession to or Interest in such entailed Estate, such Heir shall not be entitled to give Consent to any Application under this Act which shall be opposed by any Creditor to whom such Heir stands indebted in respect of Money borrowed as aforesaid, and who shall either hold Infeftment in the entailed Estate, duly recorded, in security of his said Debt, or shall enter Appearance, and prove the same, in the course of the Proceedings under such Application : Provided always, that it shall be competent to the Court of Session, if, with reference to any Offer of adequate Security, or otherwise in the Circumstances, it shall deem the Opposition on the Part of such Creditor to be unreasonable, to disallow the same, and to give effect to the Consent of such Heir.