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Tailzie
In Scots law, tailzie () is a feudal concept of the inheritance of immovable property according to an arbitrary course that has been laid out, such as in a document known as a "deed of tailzie". It was codified by the Entail Act 1685. Tailzie is similar to the common law concept of fee tail, as the "heir in tailzie" is entailed to the property. An "heir in tailzie" could not sell the property so inherited, except to the feu superior (that is, to the holder of the ''dominum directum'' of the feu). Alternate spellings of the word are ''tailie'', ''taillie'', ''tailze'', ''tailyie'', ''tailye'', ''taylzie'', ''teally'', ''teilzie'', ''telyie'', ''teylyie'' ''tyle'', ''talyee''. It is derived from the Old French ''tailler'' (to cut) and ''taille'' (a cutting). The 'z' was until the simplification of printing to 26 characters a yogh (''tailȝie'') and so is not sounded. Additional explanations The Entail Amendment Act 1848 gave all heirs in tailzie power to apply to the Court of Se ...
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Registers Of Scotland
Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland (known simply as the Keeper). By Ex officio member, ex officio, the Keeper of the Registers of Scotland is also the Great Seal of Scotland, Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the National Records of Scotland, Records of Scotland. History of Public Records & Registration The first official tasked with the care and administration of the public registers was first recorded in the role of ''Clericus Rotulorum'' (Clerk of the Rolls) in the Kingdom of Scotland in 1286. Registers, rolls and records were kept in Edinburgh Castle from about the 13th century. Th ...
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Entail Act 1685
The Entail Act 1685 (c 26) 2mo ed: c 22was an Act of the Parliament of Scotland. It was one of the Entail Acts. This Act was disapplied bsection 2of the Entail (Scotland) Act 1914. The whole Act was repealed bsections 76(2)of, anPart Iof Schedule 13 to, the Abolition of Feudal Tenure etc. (Scotland) Act 2000 on 28 November 2004.The Abolition of Feudal Tenure etc. (Scotland) Act 2000,sections 77(2)(a) and (d) The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Commencement No. 2) (Appointed Day) Order 2003 (SI 2003/456) (C 25)article 2/ref> See also sections 58, 62 and 75. References * Halsbury's Statutes, External linksThe Entail Act 1685 as amended, from Legislation.gov.uk legislation.gov.uk, formerly known as the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force since 1267 and a .... Acts of the Parliament of Scotland 168 ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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Entail Amendment Act 1848
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically by operation of law to an heir determined by the settlement deed. The term ''fee tail'' is from Medieval Latin , which means "cut(-short) fee" and is in contrast to "fee simple" where no such restriction exists and where the possessor has an absolute title (although subject to the allodial title of the monarch) in the property which he can bequeath or otherwise dispose of as he wishes. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere. Purpose The fee tail allowed a patriarch to perpetuate his blood-line, family-name, honour and armorials in the persons of a series of powerful and wealthy male descendants. By keepi ...
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Entail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically by operation of law to an heir determined by the settlement deed. The term ''fee tail'' is from Medieval Latin , which means "cut(-short) fee" and is in contrast to "fee simple" where no such restriction exists and where the possessor has an absolute title (although subject to the allodial title of the monarch) in the property which he can bequeath or otherwise dispose of as he wishes. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere. Purpose The fee tail allowed a patriarch to perpetuate his blood-line, family-name, honour and armorials in the persons of a series of powerful and wealthy male descendants. By kee ...
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Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ...
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Abolition Of Feudal Tenure Etc
Abolition refers to the act of putting an end to something by law, and may refer to: *Abolitionism, abolition of slavery * Abolition of the death penalty, also called capital punishment *Abolition of monarchy *Abolition of nuclear weapons *Abolition of prisons *Police abolition movement *Abolition of suffering *Abolitionism (animal rights), related to veganism *Abolition of time zones * Abolition of borders See also * *Abolition of slavery timeline The abolition of slavery occurred at different times in different countries. It frequently occurred sequentially in more than one stage – for example, as abolition of the trade in slaves in a specific country, and then as abolition of slavery ... * Abolitionism (other) {{disambiguation ...
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Fee Simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional. History The word "fee" is related to the term fief, meaning a feudal landhol ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ...
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Feu (land Tenure)
Feu was long the most common form of land tenure in Scotland, as conveyancing in Scots law was dominated by feudalism until the Scottish Parliament passed the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The word is the Scots variant of fee. The English had in 1660 abolished these tenures, with ''An Act taking away the Court of Wards...'', since 1948 known as the Tenures Abolition Act 1660. History Prior to 1832, only the vassals of the crown had votes in parliamentary elections for the Scots counties. This favoured subinfeudation as opposed to outright sale of land. This was changed by the Scottish Reform Act 1832, which increased the franchise of males in Scotland from 4,500 to 64,447. In Orkney and Shetland islands, land is still largely possessed as udal property, a holding derived or handed down from the time when these islands belonged to Norway. Such lands could previously be converted into feus at the will of the proprietor and held from the Crown or the Marquess ...
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Yogh
The letter yogh (ȝogh) ( ; Scots: ; Middle English: ) was used in Middle English and Older Scots, representing ''y'' () and various velar phonemes. It was derived from the Insular form of the letter ''g''. In Middle English writing, tailed z came to be indistinguishable from yogh. In Middle Scots, the character yogh became confused with a cursive z and the early Scots printers often used z when yogh was not available in their fonts.. Consequently, some Modern Scots words have a ''z'' in place of a yogh—the common surname MacKenzie was originally written MacKenȝie (pronounced ''makenyie''). Yogh is shaped similarly to the Arabic numeral 3, which is sometimes substituted for the character in online reference works. There is some confusion about the letter in the literature, as the English language was far from standardised at the time. Capital is represented in Unicode by code point , and lower case by code point . Pronunciation In Modern English ''yogh'' is pronoun ...
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Feudalism
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structuring society around relationships that were derived from the holding of land in exchange for service or labour. Although it is derived from the Latin word ''feodum'' or ''feudum'' (fief), which was used during the Medieval period, the term ''feudalism'' and the system which it describes were not conceived of as a formal political system by the people who lived during the Middle Ages. The classic definition, by François Louis Ganshof (1944), François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and military obligations which existed am ...
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