Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 edition. Excerpt: ... repertory of all that is important and valuable on that extensive branch of the law.--See second edition, vol. ii. p. 39, et seq. By the above A. S., where the tenant's lease contains an obligation to remove, and a clause of registration so as to authorise horning, the landlord is empowered, forty days before the term of Whitsunday at or preceding the expiry of the tack, to charge the tenant to remove; and thereupon the tenant may be ejected within six days after the term of removal specified in the tack; but where the lease contains no obligation to remove, the Act of Sederunt authorises an action of removing before the Judge Ordinary, which must be called in court forty days before the term of Whitsunday of the year in which the removal is to take place; and if decree follow on this action, the tenant may be ejected; but he may lodge defences on finding caution for violent profits, and in that case a record will be made up. The recent statute provides that, in place of the summons being necessarily called forty days before the term of Whitsunday, it is made competent at any time, provided there be an interval of at least forty days between the date of the execution of the summons and the term of removal, or where there is a separate ish as regards land and houses or otherwise, between the date of the execution of the summons and the ish which is first in date. 29. The following is the form of a Summons of Removing. Sheriff, &c. (as on p. 80).--Shewn to me by A. B. (design) heritable proprietor of the subjects and others after mentioned, conform to (here state landlord's sasine) against C. D. (design) tenant of the pursuer in the subjects after specified, conform to tack between the pursuer and defender, dated the day of...