La 



poo Iheir 

 tttermina- 

 tn. 

 Warniaf. 



ml* 

 kufhi. 



L A 



46. The tenant who intends to quit his possession at 

 the ish of his tack, ought to make a renunciation there- 

 of to his landlord, either in writing or otherwise, forty 



fibre the term of the Whitsunday at or immedi- 

 lireceding the ish. But if a landlord wants to re- 

 move a tenant, he is, by 1 .">.5j, c. 39, required to warn 

 him, upon a precept signed by himself, forty days pre- 

 ceding the term of the Whitsunday before described, 

 personally or at his dwelling-house, to remove at that 

 term with his family and effects. This precept must 

 be also executed on the ground of the lands, and there- 

 after read in the parish-church where the lands lie, af- 

 ter the morning service, and affixed to the most patent 

 door thereof. Whitsunday, though it be a moveable 

 feart, if, in questions of removing, fixed to the 15th of 

 May, by 16<K>, c. 39. In warnings from tenements 

 within borough, it is sufficient that the tenant be warn- 

 ty days before the ish of the tack, whether it be 

 unday or Martinmas ; and in these the ceremony 

 of chalking the door is sustained as a warning, when 

 proceeding upon a verbal order from the proprietor, 

 though without the .warrant of a magistrate. Where 

 rumt is bound by an express clause of his tack to 

 remove at the ish of it, without warning, such obliga- 

 tion is, by the above-quoted art of sederunt, 14th Dec. 

 1736, declared to be a sufficient warrant for letters of 

 homing; upon which, if the landlord charges his te- 

 nant forty days before the said Whitsunday, the judge 

 i* authorized to eject him within six days after the term 

 of removing expressed in the tack, 



47. The landlord has in security of his tack-duty, 

 over and above the tenant's personal obligation, a tacit 

 pledge of hypothec, not only in the fruits, as he had by 



-, but in the cattle pasturing on the 

 ground. The com and other fruits are hypothecated 

 for the rent of that year whereof they are the crop ; 

 for v y remain affected, though the landlord 



n UM cat- *bould not use his right for years together. The whole 

 cattle on the ground considered as a quantity, are hy- 

 pothecated for a year's rent, one after another succes- 

 y, provided the hypothec be applied within three 

 months from the last conventional term of payment of 

 each year. In tacks of houses, breweries, shops, and 

 other tenements which have no natural fruits, the furni- 

 ture and other goods brought into the subject set (invec- 

 la el illata.) are hypothecated to the landlord for one 

 year's rent. The king's prerogative process takes place 

 of the landlord's' 



o th 



.id- 



| - 



: . 



' 



Si - 



TITLI III. Ctf the Voluntary Tianwiitir.H of Heri- 

 table Right* by Confirmation and lietignation. 

 I. A vassal may transmit his feu either to universal 

 fnoeeMon as heirs, or to singular successors, i. r. those 

 who acquire by gift, purchase, or other singular title. 

 .ut sort of transmiscion is either voluntary, by 

 disposition ; or necessary, by adjudication, 

 ml*. S. Dispositions to be holden of the disponer are 

 tnwnuMMms only of the property, the superiority re- 

 *r* maming as formerly. This sort does not necessarily re- 

 e a confirmation by the granter's superior, because 

 . his vasaal continues the same notwithstanding the sub- 



of b^, altem right granted to the subvassal ; but because the 

 , subvwaJ' property is exposed to the hazard of all the 

 tt- CMoahies falling by his superior, where confirmation is 

 not adhibited, it is commonly applied for. 



3. Dispositions to be hold<-ii of the granter's superi- 

 or, nay be perfected either by confirmation or resigna- 

 tion ; and therefore they generally contain both precept 

 of seisin and prpcuratory of w-ignation. When the 



Law 

 of Scotland. 



Confirma- 

 tion of 

 them. 

 Resigna- 

 tions ; 

 ad perpetit- 

 am remit' 

 Hentiam, 



injhvorcm. 



W. 671 



receiver is to complete his right in the first way, he 

 takes seisin upon the precept; but such seisin is" inef- 

 fectual without the superior's confirmation; for the dis- 

 ponee cannot be deemed a vassal till the superior re- 

 ceive him as such, or confirm the holding. 



4. Hes/giia/ion is that form of law by which a vassal 

 surrenders his feu to his superior ; and it is either ad 

 perpetuam remanentiam, or I'M favorem. In resignations 

 ad remaneiitiam, where the feu is resigned to the effect 

 that it may remain with the superior, die superior, who 

 before had the superiority, acquires by the resignation 

 the property also of the lands resigned ; and as his in- 

 feftment of the lands still subsisted, notwithstanding 

 the right by which he had given his vassal the proper- 

 ty, therefore, upon the vassal's resignation, the supe- 

 rior's right of property revives, and is consolidated with 

 the superiority, without the necessity of a new infeft- 

 ment ; so that resignations ad remanentiam are truly 

 extinctions, not transmissions, of a right. 



5. Resignations in favor em are made, not with an in- 

 tention that the property resigned should remain with 

 the superior, but that it should be again given by him in 

 favour either of the resigner himself, or of a third par- 

 ty. They have not therefore the effect, like resigna- 

 tions ad remanentiam, of divesting the resigner; for 

 the surrender is not attended with any purpose, or can- 

 ta habilis of transferring the property to the superior, 

 but is only used as a step to convey to another ; conse- 

 quently the fee remains in the resigner till the person 

 in wlio>e favour the resignation is made, gets his right 

 from the superior perfected by seisin. 



6. Formerly, one who was vested with a personal 

 right of lands, i.e. a right not completed by seisin, ef- 

 fectually divested himself by disponing it to another ; 

 after which, no right remained in the disponer which 

 could be carried by a second disposition, because a per- 

 sonal right is no more than a jus o/i/rjnlwni*, which 

 may be transferred by any deed sufficiently expressing 

 the will of the granter. "But this doctrine, at the same 

 time that it rendered the security of the records ex- 

 tremely uncertain, was not truly applicable to such 

 rights as required seisin to complete them ; and there- 

 fore it now obtains, that the granter of a personal right 

 of lands is not so divested, by conveying the right to 

 one person, but that he may effectually make it over 

 afterwards to another ; and the preference between the 

 two does not depend on the dates of the dispositions, 

 but on the priority of the seisins following upon them. 



TITLE IV. Of Redeemable Rights, anil of (he two great 

 dulses of Burdens ajffecling Lands Servitudes and 

 Tciiid*. 



1. An heritable right is said to be redeemable when Hedeem- 

 it contains a right of reversion or return in favour o f able rights 

 the person from whom the right flows. Reversions are ^l'** 01 * 

 either tf^nl, which arise from the law itself, as in adju- , ion< 

 dications, which law declares to be redeemable within 



a certain term after their date ; or cnniirntiinial, which 

 are constituted by the agreement of parties, as in wad- 

 sets, rights of annualrent, and rights of security. A Wadset 

 irai/srl (from wad or pledge) is a right by which lands 

 or other heritable subjects are impignorated by the pro- 

 prietor to his creditor in security of his debt; and like 

 other heritable rights is perfected by seisin. The debt-, 

 or, who grants the wadset, and has the right of rever- 

 sion, is called the rn-er-er ; and the creditor, receiver of 

 the wadset, is called the wadsetter. 



2. Wadset* are either proper or improper. A proper. P r P er 5 



Transmis- 

 sion of 

 rights not 

 completed 

 by seisin* 



ing 



