said lands to C. D. of G. That the said C. D. died, never having been infeft in the said lands.

That E. F., eldest son of the said C. D.(n) [or otherwise, as the case may be], is his heir in the said lands, but has only a personal right thereto.

That the said E. F., by disposition dated [specify date], conveyed the said lands to the petitioner.

Or, that upon the death of the said C. D., he was succeeded by E. F., his eldest son [or otherwise, as the case may be], as his heir in the said lands. That the said E. F. died unserved and uninfeft, [or that the said E. F. expede a special service as heir of the said C. D., conform to decree of the Sheriff of Chancery [or as the case may be], in his favour as heir foresaid, dated [insert date], but died without being infeft thereon], or that the said E. F. expede a general service as heir of the said C. D., conform to decree [specify the decree], but made up no further title.

Or otherwise specify the nature of the right in the person of E. F.

That the said E. F. disponed the said lands or conveyed his whole estate, heritable and moveable, to G. H., conform to [describe title by name and date, and where there are any real burdens, conditions, or qualifications, specify or refer to them].

That the said G. H. also died, having only a personal right to the said lands, and was succeeded by his eldest son, K. L., his nearest and lawful heir in the said lands [or otherwise, as the case may be].

That the said K. L. died unserved, and having only a personal right to the said lands, [if the petitioner is his heir, say] and was succeeded by the petitioner, the said A. B., his eldest son [or otherwise, as the case may be] and nearest and lawful heir in the said lands [or when the petitioner is a disponee, or has otherwise acquired right from K. L., say.] That the said K. L. disponed the said lands [or conveyed his whole estate, heritable and moveable, or otherwise, as the case may be] to the petitioner, the said A. B., conform to disposition or general disposition [or otherwise, as the case may be] dated [specify date], granted in his favour by the said K. L., who died unserved and having only a personal right to the said lands; [and if the deed be granted under any real burden, or condition, or qualification, add] but always under the real burden, &c. ; [and if the deed be granted in trust or for specific purposes, add] but always in trust or for the uses, ends, and purposes mentioned in the said general disposition [or otherwise, as the case may be].

(n) An error as to the character of the heir will not invalidate petition,

if the petitioner is in truth the heir (37 & 38 Vict. c. 94, § 11).

May it therefore please your Lordship to find the facts above set forth proved, and that the petitioner is entitled to procure himself infeft in the foresaid lands, in terms of "The Conveyancing (Scotland) Act, 1874," and to decern.

According to justice, &c.

[Signed by the petitioner or his mandatory.]

NOTE.-If any of the transmissions have been judicial, as by adjudication, act and warrant of court, or otherwise, or if by any of the transmissions a part or parts only of the lands are transferred, the necessary alterations may be made on the form of the petition.

272. Procedure in expeding a General Service.-The claimant presents a petition to the Sheriff of the county within which the deceased had at the time of his death his ordinary or principal domicile, or, in the option of the claimant, to the Sheriff of Chancery; and if the deceased had at the time of his death no domicile within Scotland, then, in every such case, to the Sheriff of Chancery, setting forth the particulars embodied in the form given in Schedule P. in the Appendix to the Lands Consolidation Act, 1868(0), which form is in the following terms:

Unto The Honourable the Sheriff of [specify the county, or say "of Chancery,"] the petition of A. B. [here name and design the petitioner].

Humbly sheweth,

That the late C. D. [here name and design the ancestor to whom service is sought] died on or about the day of and had at the time of his death his ordinary or principal domicile in the county of [or furth of Scotland,

as the case may be]. [In cases where the deceased died upwards of ten years before the date of the petition, and the petitioner cannot ascertain the place of the domicile, say that the late C. D. [here name and design the ancestor to whom service is sought] died on or about the

day of but the petitioner is unable to prove at what place the deceased had his ordinary or principal domicile at the time of his death.]

That the petitioner is the eldest son(p) [or state what other relationship or character of heir the petitioner bears] and nearest lawful heir in general of the said C. D. If the service is as heir of provision, say

(0) 31 & 32 Vict. c. 101, § 28.

(p) See note (n) as to character of heir.

that the petitioner is the eldest son [or state what other relationship or character of heir the petitioner bears] and nearest lawful heir of provision in general of the said C. D., under and by virtue of a deed [specify the deed of provision] executed by E. F., dated the day

of , or otherwise describe the deed so as to clearly identify it, or, if the service is as heir of tailzie, say that the petitioner is the eldest son [or state what other relationship, &c., the petitioner bears], and nearest and lawful heir of tailzie and provision in general of the said C. D., under and by virtue of a disposition and deed of entail granted by E. F., dated the

the register of tailzies the

day of day of

and recorded in whereby the said

E. F. conveyed the lands of M. to and in favour of J. K. [here set forth the destination or such part thereof as may be deemed necessary, or say, and the other heirs therein mentioned]; but always with and under the conditions, provisions, and prohibitory, irritant, and resolutive clauses, [or clause authorising registration in the register of tailzies, as the case may be], contained in the said recorded deed of entail, and here referred to as at length set forth therein.

May it therefore please your Lordship to serve the petitioner nearest and lawful heir in general to the said C. D. [or whatever other character of heir is sought to be established here set it forth.]

According to justice, &c.

[Signed by the petitioner or his mandatory.]

If the deceased died upwards of ten years prior to the date of presenting a petition for general service, it is not necessary to state or prove the county within which the deceased had his ordinary or principal domicile at the time of his death, or that such domicile was furth of Scotland. In such cases it is sufficient (so far as regards the domicile of the deceased) for the claimant to state in the petition, and if required in the court of service to make oath. that he is unable to prove the deceased's domicile at the time of death.(q)

The petition of service, if presented to the Sheriff of any county, must be published in such county by affixing on the doors of the court-house, or in some conspicuous place of the court or of the office of the Sheriff-clerk of the county, as the Sheriff may direct, a short abstract thereof, as well as edictally in Edinburgh; and if the petition be presented to the Sheriff of Chancery, it must be published edictally in Edinburgh as well as in the county of the

(q) 31 & 32 Vict. c. 101, § 34.

domicile of the party deceased, in manner before stated, where such domicile was within Scotland, or in the county or counties in which the lands are situated, as the case may be (r); and after the lapse of fifteen days (twenty days if the deceased died in Orkney or Shetland, and thirty days if he died abroad) (s) from the date of the latest publication, evidence of the particulars in the petition may be laid before the Sheriff to whom the petition was presented, which evidence may be taken by the Sheriff himself, or by a magistrate of any city or burgh, or by any justice of peace or notarypublic, and thereupon the Sheriff will pronounce, or refuse, decree of service.(t) If decree be pronounced, the Sheriff-clerk transmits to the office of the Director of Chancery the whole proceedings, and on such decree being recorded by the latter, he issues an extract thereof, which is the legal evidence of the service.(u)

A general service is liable to be reduced at any time within twenty years at the instance of any person claiming the character of nearest heir in general.(v)

A general service may be obtained to a limited effect by annexing a specification which infers a limited passive representation(w), but this form of service is now superseded by the provision in the Conveyancing Act, 1874(x), which limits the liability of heirs in every case to the value of the estate to which they succeed.

Until the passing of the Act last referred to, a general service conferred on the heir no right to the lands of his ancestors; and if he died uninfeft, his heir in making up a title was obliged to pass him over and serve as heir in special to the person last infeft. This has now been altered by the said Act, which provides(y)—

When a proprietor has died or shall have died infeft in lands, and the heir of the investiture has expede, or shall have expede, a general service as heir of such proprietor, the decree of general service in favour of such heir shall be equivalent to a mortis causa general disposition of the lands by such proprietor in favour of such heir, to the effect of enabling such heir, or those deriving right from or by succession to him, to expede and record in the appropriate register of sasines all notarial instruments applicable to such lands which a

general disponee or those deriving right from him may expede and record under or in terms of "The Titles to Land Consolidation (Scotland) Act, 1868," or of this Act, and that notwithstanding that such proprietor may have died in nonage, or been of insane mind, or laboured under any other disability whatever; provided always, that no general service shall have such effect in any case where the heir so served shall have died before the commencement of this Act; and a general service expede by the heir of any person so served, and dying after the commencement of this Act, or by any of the successive heirs of the investiture, or by the heir of any general disponee, shall have the like effect as a transmission of the right to the lands; and any such services shall be sufficient links in the series of titles for the connection of the person expeding such instrument with the person last infeft, in the same manner as is herein-before provided with reference to two or more general dispositions forming links in such series.

273. Procedure in expeding a Special Service. The claimant presents a petition to the Sheriff within whose jurisdiction the lands, or the burgh containing the lands, in which the deceased died last vest and seised are situated, or in the option of the petitioner, to the Sheriff of Chancery; and should the lands be situated in more counties than one, or in more burghs than one, if such burghs are in different counties, then in every such case to the Sheriff of Chancery(), setting forth the particulars embodied in Schedule O in the Appendix to the Lands Consolidation Act, 1868, which schedule is in the following form:

Unto the Honourable the Sheriff of [specify the county, or say "of Chancery,"] the petition of A. B. [here name and design the petitioner].

Humbly sheweth,

That the late C. D. [here name and design

day of

the ancestor] died on or about the [state the month and the year at full length], last vest and seised in [here describe or refer as in schedule (E) or schedule (G) to the lands with reference to which the service is sought] conform to disposition [or other deed or conveyance] dated the day of and along with warrant of registration thereon, on behalf of the said C. D., recorded in the register of sasines [specify register] on

the

day of

[or conform to disposition, or whatever

(z) 31 & 32 Vict. c. 101, § 28.