Entail Amendment Act 1848
Heir born after the Date of any future Entail may disentail the Estate; born before, may do so with Consent of Heir next in succession, being Heir Apparent under the Entail.
IIHeir in possession under an existing. Entail born after 1st August 1848 may disentail; born before that Date, may do so with Consent of Heir next in succession, being Heir Apparent born after 1st August 1848.
IIIHeir of Entail under an existing Entail may disentail, with certain Consents.
IVHeir of Entail may sell, charge, lease, and feu, with the like Consents as enable him to disentail.
VHeir of Entail under existing Entail may excamb, with certain Consents.
VIProvision for Disclosure of Entailer's Debts which affect the Estate disentailed.
VIICreditors in Entailer's Debts, &c. using Inhibition not to be affected by Instrument of Disentail.
VIIISettlements by Marriage Contract not to be disappointed.
IXHeirs of Entail not to give Consent in opposition to Creditors in Debts now Ousting.
XHeir Apparent under future Tailzie not to give Consent in opposition to his Creditors.
XICreditor of an Heir empowered to disentail may affect the Estate for Payment of his Debt.
XIIActs 10 G.S c.51 and 5 G.4 c.87 not to apply to future Tailzies.
XIIIHeir having obtained Decree for Expense of Improvements may grant Bond of annual Rent.
XIVHeir in future expending Money in Improvements may grant Bond of annual Rent.
XVExecutor may call on Heir in possession to grant Bond of annual Rent.
XVIProceedings where Improvements not executed in Terms of 10 G.3.
XVIINo Adjudication for annual Rent. Annual Rent, how to be recovered. Annual Rent to be kept down.
XVIIIHeir of Entail may charge Estates by granting Bond and Disposition in Security.
XIXBonds of annual Rent or of Dispositions in Security for Improvements to operate as Discharges.
XXPrivate Roads to be deemed Improvements under10 G.3 c.51 and under this Act.
XXIProvisions to younger Children may be made Charges upon the entailed Estate.
XXIIHeir in possession to keep down the Interest on Provisions to Children.
XXIIIProvisions to Children not to be charged without Authority of Court.
XXIVPower to grant Feus or long Leases.
XXVWhere entailed Estate may be charged with Debt, Estate may be sold for Payment thereof.
XXVIMoney arising from Sale of Estate, and Trust Money may be applied in Payment of Entailer's Debts, &c.
XXVIIMoney vested in trust for the Purchase of Land to be entailed may be dealt with as if it were the entailed Land.
XXVIIIDate of Act of Parliament, &c. directing Entail deemed to be the Date at which Land should have been entailed.
XXIXProvisions to Wives and Children may be granted out of Money vested in trust for the Purchase of Lands to be entailed.
XXXCreditor not to sell Land in excess of what is necessary to pay Debt affecting the Estate, and Reinvestment of Surplus.
XXXIGuardians may consent for Minors.
XXXIIForm and Effect of Instrument of Disentail, and Registration thereof.
XXXIIIApplications to the Court.
XXXIVIntimation of Petitions.
XXXVProcedure in Court.
XXXVIHeirs to be called in Proceedings under this Act.
XXXVIIExcambions under the Act 6 & 7 W. 4. c. 42. may be carried through under the Forms of this Act.
XXXVIIIInstruments of Disentail to be final.
XXXIXIn future Entail, irritant and resolutive Clauses implied in Warrant to record.
XLIrritancy not to affect Conveyances or Securities.
XLI39 & 40 G.S applied to Heritable Property in Scotland.
XLIIProceedings may be taken under this Act, though Entail not recorded or Heir infeft.
XLIIIEntail defective in anyone Prohibition to be bad as to all.
XLIVInstruments of Disentail may be registered in the Registers of Sasines.
XLVNo Irritancy or Forfeiture to be incurred for any thing done under this Act.
XLVIAct 1685 to remain in force, except as affected by this Act.
XLVIIAct not to be defeated by Trusts ;
XLVIIIor by Liferents ;
XLIXor by Leases.
LConsents to be in Writing and to be irrevocable.
LICourt may make Acts of Sederunt.
LIIInterpretation of Act.
LIIIAct may be amended, &c.
SCHEDULE to which the foregoing Act refers

Entail Amendment Act 1848

1848 Chapter 36

An Act for the Amendment of the Law of Entail in Scotland.

WHEREAS the Law of Entail in Scotland has been found to be attended with serious Evils, both to Heirs of Entail and to the Community at large, and it is expedient that the same be amended in manner herein-after provided for:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,