Entail Amendment Act 1853

IForms of Procedure under recited Act and this Act merely directory.

No Interlocutor, Judgment, or Decree following or that has followed upon any Petition presented or which shall be presented under the said recited Act or this Act shall be questionable or reducible upon the Ground of any Want of Compliance with the Provisions of the said recited Act and of this Act, and of any relative Act of Acts of Sederunt which have been or shall be passed by the Court of Session in Scotland, in so far as such Provisions regard Applications or Petitions to the Court of Session under the Authority of the said recited Act or of this Act, the Matters to be set forth in such Applications or Petitions, the Intimation and Service, and Advertisement thereof, the Persons to be called as Parties thereto, and the Mode of calling them, the making and producing of Affidavits therein, the Matters to be set forth in such Affidavits, and generally the Procedure under such Applications or Petitions: Provided always, that no Injury shall have been suffered by any Person through such Want of Compliance; provided also, that nothing herein contained shall be held to support or validate any Interlocutor, Judgment, or Decree as aforesaid obtained or which may be obtained without the requisite Consents prescribed by the said recited Act, or without Service of the Petition upon any Party expressly required by the said recited Act to be called in the Application, or shall be held to support or validate any Interlocutor, Judgment, or Decree as aforesaid, in so far as such Interlocutor, Judgment, or Decree shall go beyond what was or may be concluded or prayed for in the Application under which it was or may be pronounced.