Search Legislation

Entail Powers Act 1836 (repealed)

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about opening options

Opening Options

More Resources

Changes to legislation:

There are currently no known outstanding effects for the Entail Powers Act 1836 (repealed). Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  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.

Back to top


Print Options


Legislation is available in different versions:

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.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.