HC Deb 05 July 1909 vol 7 cc798-9
Mr. ROBERT LAIDLAW (for Sir John Jardine)

asked whether the right hon. Gentleman is aware of the statements made before the Select Committee on Feus and Leases in 1893 by the town clerk of Kilmarnock as to the enormous increase of the amount levied as casualties in that superiority since the Conveyancing Act of 1874 came into operation, prior to which an heir could be tendered as a vassal and could get off by payment of a relief, being the amount of a year's feu duty only; and whether he will take into consideration the expediency of amending that Act?


I am aware of the statements referred to by my hon. Friend. But the Conveyancing Act of 1874 does not prevent a purchaser of land holding a merely personal right from abandoning his right if he thinks fit and leaving the fee vacant for the benefit of the heir. And if the heir in these circumstances desires to take up his ancestor's estate, the superior has no title to inquire into the conditions upon which the purchaser has waived his right. I do not consider that in this respect the Act requires amendment.