Entail Powers Act 1836 (repealed)

1. Introductory Text

2. [1.]. Heirs of entail in possession empowered to grant tacks of any part of entailed estates under the restrictions herein contained.

3. 2. Act not to restrain more extensive powers contained in any entail.

4. 3. Heirs in possession may make excambions of entailed estates in the mode herein named. Scots Act 1685 c. 26.

5. 4. Provision as to excambion of mansion houses, &c.

6. 5. Tenure of excambed lands. Providing for excess of value in any excambion, &c.

7. 6. As to excambion of entailed estates under more than one entail.

8. 7. Part of entailed estates may be sold for payment of entailer’s debts affecting the estate.

9. 8. Court of Session to inquire into the particulars, and direct what portion of estate shall be sold;

10. 9. and cause notice of sale to be given, and adjust the conditions thereof.

11. 10. Court of Session to adjudge the lands sold to the purchaser, and direct the disposition of the purchase money.

12. 11. Purchasers upon payment of the money, to have a good right to the lands, &c. freed from the entail.

13. 12. Lands not sold to continue subject to the entail.

14. 13. Court of Session to direct purchase money to be applied to payment of debts, &c.

15. 14. By whom the costs of parties interested and appearing shall be paid.

16. 15. Any surplus exceeding 200l. to be laid out in purchase of other land, to be limited to same uses, &c. as lands sold;

17. 16. and the deed of entail thereof to be framed at the sight of the Court of Session;

18. 17. and recorded in register of tailzies, &c.

19. 18. Application of surplus monies till invested in land.

20. 19. If under 200l., to be paid to heir in possession.

21. 20. Definition of terms used in the Act.

22. 21. How notices to be given of applications under this Act to Court of Session, &c.