the ground of debt above mentioned, or on any other grounds of debt to be taken for sub sequent advances, at any time after the said term of next, to the effect of recover ing full payment of the said debt; AND I CONSENT to the REGISTRATION hereof in the books of Council and Session, or other Judges' books competent, that letters of horning on six days' charge, and all other execution necessary, may pass on a decree to follow hereon; and, for that purpose, CONSTITUTE my PROCURATORS, &C. OF, &C.

IN WITNESS WHERE

The terms of the back-bond will vary according to the circumstances of the case, and the nature of the transaction between the parties. The necessity of preserving the purposes of the trust by a regular deed, will best appear from the statute made on this subject, 1669, c. 25.

Act anent Blank Bonds and Trusts.

OUR SOVEREIGN LORD CONSIDERING, that the subscribing of bonds, assignations and disposi tions, and other deeds blank in the name of the persons in whose favour they are granted, as also, that the entrusting of persons, without any declaration or back-bond of trust, in writing,

.

from the person entrusted, are occasions of fraud, as also of many pleas and contentions; DOTH therefore, with advice and consent of the Estates of Parliament, STATUTE and ORDAIN, that, for hereafter, no bonds, assignations, dispositions or other deeds, be subscribed blank in the person or persons name in whose favour they are conceived, and that the foresaid person or persons be either insert before, or at the subscribing, or at least in presence of the same, witnesses who are witnesses to the subscribing before the delivery; CERTIFYING, that all writs otherwise subscribed and delivered blank as said is, shall be declared null; AND FURTHER, that no action of declarator of trust shall be sustained as to any deed of trust to be made for hereafter, except upon a declaration or back-bond of trust, lawfully subscribed by the person alleged to be the trustee, and against whom, or his heirs or assignees, the declarator shall be intented, or unless the same be referred to the oath of the party simpliciter; DECLARING, that this act shall not extend to the indorsation of bills of exchange, or the notes of any trading company.

Where the decree of a Court is required for establishing a trust, a declaratory action in this form will be instituted.

Summons of Declarator of Trust and Denuding,

GEORGE, &c. OUR LOVITE A, that he, by a disposition, of date

sold, alienated and disponed, to and in favour of B, his heirs or assignees whomsoever, heritably and irredeem, ably, ALL and WHOLE the lands of

; on

which disposition the said B was infeft, and his instrument of sasine, dated

duly re

corded AND TRUE IT IS, that the said titles, though apparently absolute, are nevertheless a mére trust in the person of the said B, for behoof of the pursuer, as appears, &c. (Here the grounds on which the trust is to be proved will be stated)—AND ALTHOUGH the pursuer has often desired and required the said B to denude of the said trust, and to reconvey the said lands and estate to him, and to make payment to the pursuer of the rents of the said lands, deducting therefrom whatever debts he can establish to be due to him by the pursuer, or paid off on his account, yet he refuses, at least delays, so to do. THEREFORE, it OUGHT and SHOULD be FOUND and DECLARED, by decree of the Lords of our Council and Session, that the foresaid disposition, granted by the pursuer to the said B, was a trust in his person for the use and behoof of the pursuer, his heirs or assig nees; AND the said B OUGHT and SHOULD be DECERNED and ORDAINED, by decree foresaid,

to denude of the said lands with the pertinents, and to assign the writs and evidents thereof, disposition in his own favour, and sasine following thereon, by granting all deeds requisite for completely reinvesting the pursuer in the right of the said lands, with warrandice from facts and deeds; AND FURTHER, the said defender OUGHT and SHOULD be DECERNED and ORDAINED, by decree aforesaid, to hold just count and reckoning with the pursuer for the rents of the said lands for crop and down to the period of his denuding, deducting therefrom whatever debts he can establish to be due to himself by the pursuer, or which he may have paid on account of the pursuer, and to make payment to the pursuer of such balance as shall appear to be due to him by the defender, with interest on the said balance from the date of citation hereon, and in time coming, during the notpayment thereof; AND ALSO, to make payment to the pursuer of the sum of L. , or such

f

sum as our said Lords shall modify as the expense of this process, besides the expense of extracting the decree to follow hereon, conform to the laws and daily practice of Scotland, used and observed in the like cases, in all points. OUR WILL IS HEREFORE, &C.-(In common form.)

Under the present head, I have given all that relates to the voluntary heritable security, its conveyance, and discharge. The legal se

curity or adjudication, as well as those deeds necessary to enable the purchaser at a judicial sale to pay up the price, will be found under the head of Real Diligence; and, in closing this chapter, I shall present to the reader a few deeds connected with the subject of which I have been treating.

of

DEEDS CONNECTED WITH THE MODERN HERITABLE BOND.

Obligation to grant an Heritable Bond.

I, C H of

, CONSIDERING that Sir R M baronet, has, by disposition, of date sold and disponed to me and the heirs male procreated betwixt me and K W my first spouse; WHOM FAILING, to the heirs male to be procreated of my body in any subsequent marriage; WHOM FAILING, to my other heirs of tailzie and successors therein mentioned, ALL and WHOLE the lands and barony of

with and under the conditions, restrictions, limitations, clauses irritant and resolutive, reservations, powers and faculties therein engrossed, BUT from which entail and clauses prohibitory, irritant and resolutive therein mentioned, there is EXCEPTED and RESERVED FULL POWER and LIBERTY to me, and to the whole