An institute of the laws of Scotland in civil rights; with observations upon the agreement or diversity between them and the laws of England. In four ... of the Viscount of Stair's Institutions...

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1752 Excerpt: ...to the immediate superior: provided the immediate superior is infest; for otherwise the mediate superior, of whom the vassal holds, as supply-ing the vice, must be applied to, in order to receive the purchaser in terms of the late acta, for completing his right. And much less would a resignation ad remanmtiam, in the mediate superior's hands, con-solidate the fee with the superiority. All which mew, that he is only a vice-superior, by entering the vassal for that time, but is no farther considered as superior. Wherefore the damage of the immediate superior is the fame, whether the vassal applies to the next superior, and gets himself entered or not; for, truly the vassal must be consi-dered as entered, in respect to the superior, who without cause re-fused to receive him; and it is that refusal, and not the vassal's ap-plying to the next superior to be received, that makes the superior incur the tinsel or loss of the superiority during his life. The mediate superior is not however bound to enter the vassal till payment of the relief; for, Prxjlat ojjiciwn, he enters the heir, and relieves the fee out of the immediate superior's hands; and, for the fame reason, he is intitled to the seisin-ox: and an eminent lawier is of opinion, he has right to no moreb. But he cannot claim the bygone bHope pra. non-entry duties to which he has no right, not being the proper fu-?bser-4 perior, and such as incurred after the disobedience of the immediate IJ superior are not exigible, for the reason above assigned. But, if the immediate superior was in non-entry, the sub-vassal, applying to the mediate superior for an entry, is bound to pay the whole non-entry duties owing by his immediate superior, in whose place he comes j because otherwise the mediate superior's ease would...