Entail Amendment Act 1853
IForms of Procedure under recited Act and this Act merely directory.
IIApplications or Petitions may during Vacation be presented to Lord Ordinary officiating on Bills, who may proceed as may be requisite, &c.
IIIApplications, &c. may be amended where authorized by the Court.
IVInstruments of Disentail may be executed, and the Sanction and Authority of the Court to record the same afterwards applied for.
VConveyances Excambions, &c. may be made, and the Authority of the Court afterwards interponed.
VICompetent to present continuing Petitions for Authority to grant Feus and long Leases.
VIIBond and Disposition in Security for Provision to younger Child may be granted to any Party advancing the Amount thereof.
VIIIMoney placed in trust prior to 1st August 1848 to purchase Land to be entailed may be partly invested in Land and partly employed for the Benefit of such Land.
IXSales may be made to pay off Entailer's Debts.
XWhere, at passing of this Act, Entailed Estates may be sold under judicial Authority, Parties entitled to sell may make Application to the Court, in Form prescribed by recited Act.
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.
XIIWhere in any Tailzie executed after 1st Aug, 1848 the Maker of the Tailzie declares that 10 G.3 c.51 and 5 G.4 c.87 are applicable they shall be deemed to be so.
XIIIWhere Tailzie executed after 1st Aug. 1848 does not expressly prohibit the granting of Feus, &c., Heir of Entail in possession may execute Powers of granting Feus, &c.
XIVHeirs of Entail in possession entitled to sell Portion of Estates, &c. under 8 & 9 Vict. c. 19. may do so to any Company authorized to acquire the same in consideration of annual Feu Duty, &c.
XVCompany not to pay, nor Heir of Entail to receive, any Grassum, &c. for any Rights conveyed but annual Feu Duties, &c.
XVIAll Feu Duties, &c. made payable by Company to be a First Charge on the Revenues of Company.
XVIIAffidavit sufficient if stated to the best of Belief. As to affidavits not lodged in Time.
XVIIIProvision as to Consents for Minors and Incapacitated Persons.
XIXRights of Heir of Entail obtaining Consents and presenting Application not to be affected by Alteration of Circumstances afterwards occurring.
XXHeirs of Entail not to give Consents where opposed by Heritable Creditors.
XXIHeir Apparent of Entail not to give Consent in opposition to such Creditors.
XXIIPropelling of Succession, under Reservation of Liferent, to have no Effect upon Applications under this or the recited Act.
XXIIIBonds and Dispositions in Security may contain Power of Sale.
XXIVJudgments and Decrees to be final.
XXVInterpretation of Terms.

Entail Amendment Act 1853

1853 Chapter 94

An Act to extend the Benefits of the Act of the Eleventh and Twelfth Years of Her present Majesty, for the Amendment of the Law of Entail in Scotland.

WHEREAS an [11 & 12 Vict. c. 36.] Act was passed in the Session of Parliament holden in the Eleventh and Twelfth Years of the Reign of Her present Majesty, intituled An Act for the Amendment of the Law of Entail in Scotland, the Provisions of which Act have been found to be highly beneficial, and it is expedient to extend the Benefits and to facilitate the Operation of the said Act, and still further to simplify the Procedure under the same:

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, as follows :