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Amendment made: In page 11, line 35; leave out from the first "was," to "to," and insert:
entitled in the same capacity both to the claim holding and."—[Commander Galbraith.]
§ 7.30 p.m.
§ The Lord AdvocateI beg to move, in page 11, line 37, to leave out:
otherwise than by will or donation mortis causa,and to insert:being a gift by virtue of which he parted absolutely with the whole of his beneficial interest in that land.This Amendment is designed merely to clarify the scope of the Clause more precisely. Where a gift is made by donation mortis causa, the gift is revocable and the donor retains while he lives an interest in the subject of the gift. The gift does not become an absolute one until the donor is dead, and falls if the donee predeceases him. The purpose of this Amendment is to clarify that situation beyond doubt.
§ Mr. D. JohnstonIn view of what the right hon. and gallant Gentleman the Joint Under-Secretary of State said before about his dislike of the Latin language, can he explain the meaning of the words "donation mortis causa?"
§ The Lord AdvocateI will make certain of it and will inform the hon. and learned Gentleman.
§ Amendment agreed to.
§ Further Amendment made: In page 12, line 13, leave out from first "section," to first "the," in line 15.—[The Lord Advocate.]