- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Conveyancing (Scotland) Act 1874. 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.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Modifications etc. (not altering text)
Victoria, &c. Whereas it is humbly meant and shown to us by our loviteA. [design him], immediate lawful superior of the lands [orsubjects] after described [orreferred to], and duly infeft therein conform to [here mention title and date of recording same in the register of sasines], Pursuer againstB. [design him], Defender, in terms of the condescendence and note of pleas in law hereunto annexed: Therefore it ought and should be found and declared by decree of the lords of our council and session, that in consequence of the death ofC. [or otherwise as the case may be], who was the vassal last vest and seised in all and whole the lands ofX. [describe or refer to the lands, and if the casualty due is a taxed composition, or an heir’s relief duty, say] the casualty of £[or, if a singular successor’s untaxed composition be due, say] a casualty, being one year’s rent of the lands, became due to the saidA. as superior of the said lands upon the day of , being the date of the death of the saidC. [or] the date of the infeftment of the saidB. in the said lands ofX. [or otherwise, as the case may be], and that the said casualty is still unpaid, and that the full rents, maills, and duties of the said lands ofX.,after the date of citation herein, do belong to the pursuer the saidA.,as superior thereof, until the said casualty and the expenses after mentioned be otherwise paid to the saidA.:And the saidB. ought and should be decerned and ordained by decree foresaid forthwith to make payment to the pursuer the saidA.,of the said sum of £, being the casualty foresaid, [orof the sum of £, or such other sum more or less as shall be ascertained in the course of the process to follow hereon to be one year’s rent of the said lands], together with the sum of £, or such other sum more or less as our said lords shall modify as the expenses of the process to follow hereon conform to the laws and daily practice of Scotland, used and observed in the like cases as is alleged. Our will is therefore, &c.
Note.—In the event of the summons being one at the instance of the Crown or Prince and Steward of Scotland, the necessary alteration will be made, and the summons will be at the instance of the Lord Advocate on behalf of the Commissioners of Woods.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: