,

and his heirs and successors in the lands of a right of servitude and tolerance of casting fuel, feal, and divot, and of pasturing cattle on the said moor of

lying, &c.; with the roads and privileges thereto pertaining, all as contained in the said grant of servitude and infeftment following thereon: AND I hereby DECLARE the said moor to be FREED and DISBURDENED of the foresaid servitude in all time coming; WHICH DISCHARGE and RENUNCIATION above written, I BIND and OBLIGE me, my heirs and successors, to warRANT to the said A B, and his foresaids, at all hands, and against all deadly, as law will: AND I CONSENT to the REGISTRATION hereof in the general or particular register of sasines, reversions, &c. for publication, AND in the books of Council and Session, for preservation or execution, as effeirs; and thereto I cONSTITUTE

my procura

tors, &c. IN WITNESS WHEREOF, &c.

I shall give another example of the renunciation of a servitude.

Renunciation of a Servitude.

WE, the Governors and Managers of the Trades Maiden Hospital, superiors of the ground

now called Argyle's Square, A B and C, all proprietors of the houses in Argyle's Square, CONSIDERING, that there is a road of 18 feet in breadth, that runs from the Horse Wynd to the west side of the said square, and that the said hospital, as superiors of the ground of the said square, and J G, as deriving right from them; as also we, the other proprietors of the houses in the said square, by our several dispositions from the said G are entitled to a servitude of a foot road, consisting of 9 feet in breadth, leading from Scott's close to the said 18 feet road, and from thence cross the said 18 feet road southward betwixt the two new houses built by the said G on the west side of the said square, and the houses belonging to and from thence westward by the south gavel of the said

's house, until it meets with the road in the Society, which runs south and north: AND WE ALSO CONSIDERING, that the said G, proprietor of the Bowling-green, and of the southmost of the two new houses, has, for the conveniency of the Hospital, and of the proprietors of the said square, agreed, that the said great road, running from east to west in the said square, shall be made a public street, and that a passage shall be opened up at the west end thereof, into the Society: Therefore we do hereby, all with joint consent, and for all right or interest we, or either of us have, or may have in the premises, RENOUNCE and DISCHARGE the said right

of servitude over that part of the said 9 feet cross-road, which lies on the south side of the 18 feet road, for ever: BUT RESERVING always our right of servitude over that part of the road which lies on the north of the said 18 feet road, and which leads down to the head of Scott's close; AND WE CONSENT, &c.

This includes the forms by which servitudes are constituted or discharged. The next division of the plan, treats of heritable securities.

CHAP. II.

OF HERITABLE SECURITIES FOR DEBT.

In treating of heritable securities, I am to explain, not only the deeds by which lands are conveyed in security of debt, but those also by which such securities are transferred and discharged.

The deeds falling under this title run back to a very remote period; and the opinions which have been entertained in regard to them, as well as the changes which have taken place in their form, become a very interesting study to the conveyancer. On this occasion, it is proper to direct the attention of the student to what Mr Ross has written on the 'personal and moveable bond,' and on the form of voluntary securities on land. Even in the shape in which these treatises have been presented to the public, collected from notes of lectures never prepared for publication, and with all the imperfection of a posthumous work, the subject is opened in a manner so interesting, and at the same time treated with so much acuteness and ingenuity,

that the student cannot fail to acquire enlarged and proper views, while he is prepared to study and to understand with facility all the points of modern practice.

So far as those changes require to be taken notice of here, it may be done in a few words. The purchase of an estate redeemable by the proprietor, distinguished by the term of wadset, and the purchase of an annual income from land, which was also redeemable by the proprietor, and distinguished by the name of annualrent-right, originated in those opinions concerning the unlawfulness of taking interest, which were so strongly inculcated by the clergy. It was not till after the Reformation, that those notions fell into disrepute, when, from the influence of commerce, considerable changes had taken place in the legal opinions with regard to bonds; and the heritable security assumed the natural form of a personal obligation for the sum borrowed, with a conveyance to land in security of that sum, and of the interest that was to arise on it.

I should willingly have restricted myself, in this part of the work, to the modern forms but as instances of a wadset-right may still occur in practice, and as it may often be necessary to convey or discharge that form of