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Entail Amendment Act 1853

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XIIn Contracts of Excambion, &c. the Destination, &c. may be omitted, provided such Destination, &c. be referred to as set forth in the original Tailzie.

In all Contracts of Excambion which may be made and executed in virtue of the said recited Act, and in all Deeds of Entail which may be made and executed in virtue of the Twenty-fifth Section of the said recited Act, or of the Ninth Section of this Act, and in all Instruments of Sasine following on such Contracts of Excambion and Deeds of Entail, it shall be competent to omit the Insertion of the Destination, and of the Conditions and Provisions and Clauses, prohibitory, irritant, and resolutive, contained in the original Tailzie, provided such Destination and such Conditions and Provisions and Clauses prohibitory, irritant, and resolutive, shall in such Contracts of Excambion and Deeds of Entail and Instruments of Sasine be specially referred to as being set forth in such original Tailzie, which shall be referred to by its Date and by the Date of recording the same in the Register of Tailzies or in the Books of Council and Session; and the Reference so made to such Destination and to such Conditions and Provisions and Clauses, prohibitory, irritant, and resolutive, shall be equivalent to the full Insertion thereof, and shall in all Questions whether with Third Parties or inter haeredes, and to all Intents and Purposes whatever, have the same Force and Effect as if such Destination and such Conditions and Provisions and Clauses, prohibitory, irritant, and resolutive, had been inserted at Length in such Contracts of Excambion and Deeds of Entail and Instruments of Sasine; and that notwithstanding any Provisions contained in an Act of the Parliament of Scotland, made in the Year One thousand six hundred and eighty-five, intituled Act concerning Tailzies, or any Law or Practice to the contrary now in force.

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