Feudal Casualties (Scotland) Act 1914
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Change 1
SCHEDULE D
I. Form of Notice to be given by the Superior requiring Redemption of Casualties (1) [Place and Date.] Take notice that I, as immediate superior of (2), belonging to you, require you to redeem all the casualties exigible in respect of my estate of superiority in said lands (3). II. Form of Notice to be Given by the Proprietor of the Feu of Intention to redeem Casualties (1) [Place and Date.] Take notice that I, as proprietor of (2), intend to redeem all the casualties exigible in respect of your estate of superiority in said lands (4). III. Form of Notice for Register of Inhibitions and Adjudications (1) (a) Applicable to Court of Session Action Notice of Summons A.B. [design pursuer] against C.D. [design defender] for the recovery or redemption of [or for the fixing or recovery of compensation for] casualties exigible in respect of the estate of superiority in (2). Summons executed [insert date of citation] (5). (b) Applicable to Sheriff Court Action Notice of Petition in the Sheriff Court of [specify Sheriffdom] at A.B. [design pursuer] against C.D. [design defender] for the recovery, &c. [as above]. Warrant of citation executed [insert date of citation] (5). Notes to Schedule D (1) If the notice is given by the creditor in a ground annual, or by the proprietor of lands subject to a ground annual, it will be adapted accordingly. (2) Here mention names by which the lands or subjects are generally known, so as to distinguish them to the superior or the proprietor of the feu, as the case may be, but without giving any detailed description of the lands or subjects, and if in a town or village, mention the number of the street, or otherwise distinguish the feu, and if a reference to the feu-right or deed constituting the feu-duty or ground annual, as the case may be, more easily and clearly distinguishes the lands or subjects, a reference to such feu-right or deed can be given. (3) To be signed (but not necessarily to be attested) by the superior or his agent, and to be addressed and posted or delivered to the proprietor of the feu or his known agent, and in the event of the proprietor of the feu being unknown or doubtful the notice may be addressed and posted or delivered to the person or to the agent of the person appearing in the valuation roll as proprietor, or to the person or to the agent of the person in actual receipt of the income of the feu, and also (where there is a doubt as to the proprietor) to the person or to the agent of the person as to whom such doubt exists. (4) To be signed (but not necessarily to be attested) by the proprietor of the feu or his agent, and to be addressed and posted or delivered to the superior or his known agent, or to the person to whom the feu-duties of the feu have been paid, and in the event of the superior being unknown or doubtful, the notice to be addressed “to the superior” of the lands mentioned in the notice without name (in the event of the proprietor being unable to ascertain name of the superior), and to be posted or sent to the office of the keeper of the register of edictal citations in Edinburgh, and published in such register, and also (where there is a doubt as to the superior) to the person or to the agent of the person as to whom such doubt exists. (5) To be signed (but not necessarily to be attested) by the superior or his agent.
SCHEDULE D
I. Form of Notice to be given by the Superior requiring Redemption of Casualties (1) [Place and Date.] Take notice that I, as immediate superior of (2), belonging to you, require you to redeem all the casualties exigible in respect of my estate of superiority in said lands (3). II. Form of Notice to be Given by the Proprietor of the Feu of Intention to redeem Casualties (1) [Place and Date.] Take notice that I, as proprietor of (2), intend to redeem all the casualties exigible in respect of your estate of superiority in said lands (4). III. Form of Notice for Register of Inhibitions and Adjudications (1) (a) Applicable to Court of Session Action Notice of Summons A.B. [design pursuer] against C.D. [design defender] for the recovery or redemption of [or for the fixing or recovery of compensation for] casualties exigible in respect of the estate of superiority in (2). Summons executed [insert date of citation] (5). (b) Applicable to Sheriff Court Action Notice of Petition in the Sheriff Court of [specify Sheriffdom] at A.B. [design pursuer] against C.D. [design defender] for the recovery, &c. [as above]. Warrant of citation executed [insert date of citation] (5). Notes to Schedule D (1) If the notice is given by the creditor in a ground annual, or by the proprietor of lands subject to a ground annual, it will be adapted accordingly. (2) Here mention names by which the lands or subjects are generally known, so as to distinguish them to the superior or the proprietor of the feu, as the case may be, but without giving any detailed description of the lands or subjects, and if in a town or village, mention the number of the street, or otherwise distinguish the feu, and if a reference to the feu-right or deed constituting the feu-duty or ground annual, as the case may be, more easily and clearly distinguishes the lands or subjects, a reference to such feu-right or deed can be given. (3) To be signed (but not necessarily to be attested) by the superior or his agent, and to be addressed and posted or delivered to the proprietor of the feu or his known agent, and in the event of the proprietor of the feu being unknown or doubtful the notice may be addressed and posted or delivered to the person or to the agent of the person appearing in the valuation roll as proprietor, or to the person or to the agent of the person in actual receipt of the income of the feu, and also (where there is a doubt as to the proprietor) to the person or to the agent of the person as to whom such doubt exists. (4) To be signed (but not necessarily to be attested) by the proprietor of the feu or his agent, and to be addressed and posted or delivered to the superior or his known agent, or to the person to whom the feu-duties of the feu have been paid, and in the event of the superior being unknown or doubtful, the notice to be addressed “to the superior” of the lands mentioned in the notice without name (in the event of the proprietor being unable to ascertain name of the superior), and to be posted or sent to the office of the keeper of the register of edictal citations in Edinburgh, and published in such register, and also (where there is a doubt as to the superior) to the person or to the agent of the person as to whom such doubt exists. (5) To be signed (but not necessarily to be attested) by the superior or his agent.
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