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Conveyancing (Scotland) Act 1874
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SCHEDULE BS Form of Summons of Declarator and for Payment of a Casualty
Modifications etc. (not altering text)
C1Functions of Commissioners of Woods now exercisable by Crown Estate Commissioners: S.R. & O. 1924/1370 (Rev. V, p. 443): 1924, p. 228), Crown Estate Act 1956 (c. 73), s. 1(1) and Crown Estate Act 1961 (c. 55), s. 1(1)
Victoria, &c. Whereas it is humbly meant and shown to us by our loviteA. [design him], immediate lawful superior of the lands [orsubjects] after described [orreferred to], and duly infeft therein conform to [here mention title and date of recording same in the register of sasines], Pursuer againstB. [design him], Defender, in terms of the condescendence and note of pleas in law hereunto annexed: Therefore it ought and should be found and declared by decree of the lords of our council and session, that in consequence of the death ofC. [or otherwise as the case may be], who was the vassal last vest and seised in all and whole the lands ofX. [describe or refer to the lands, and if the casualty due is a taxed composition, or an heir’s relief duty, say] the casualty of £[or, if a singular successor’s untaxed composition be due, say] a casualty, being one year’s rent of the lands, became due to the saidA. as superior of the said lands upon the day of , being the date of the death of the saidC. [or] the date of the infeftment of the saidB. in the said lands ofX. [or otherwise, as the case may be], and that the said casualty is still unpaid, and that the full rents, maills, and duties of the said lands ofX.,after the date of citation herein, do belong to the pursuer the saidA.,as superior thereof, until the said casualty and the expenses after mentioned be otherwise paid to the saidA.:And the saidB. ought and should be decerned and ordained by decree foresaid forthwith to make payment to the pursuer the saidA.,of the said sum of £, being the casualty foresaid, [orof the sum of £, or such other sum more or less as shall be ascertained in the course of the process to follow hereon to be one year’s rent of the said lands], together with the sum of £, or such other sum more or less as our said lords shall modify as the expenses of the process to follow hereon conform to the laws and daily practice of Scotland, used and observed in the like cases as is alleged. Our will is therefore, &c.
Note.—In the event of the summons being one at the instance of the Crown or Prince and Steward of Scotland, the necessary alteration will be made, and the summons will be at the instance of the Lord Advocate on behalf of the Commissioners of Woods.
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