IN SCOTLAND.

101

SECT. VI.

OF PROPERTY HELD UNDER ENTAIL.

The genius of the feudal law is peculiarly adapted to themaintenance of an aristocratic body in the state ; and accord-ingly, the nobles and great proprietors in Scotland have devi-sed expedients, in correspondence with our legal institutions,by which they are enabled to preserve their lands perpetuallyin their respective families.

The means by which this object is accomplished, are term-ed deeds of entail or tailzie ; and their effect is, to establishan arbitrary line of succession, according to the intention ofthe entailer, under such regulations and restrictions, as heshall think proper to prescribe.

An entail includes every species of Settlement, from a sim-ple destination, whieh merely cuts off the heir at law, to adeed which secures the succession to a long series of heirs,and contains the strictest prohibitions from selling, alienating,contracting debts, &c. and guarded by irritant and resolutiveclauses. In common language, however, we distinguish bythe term entail , those deeds only, which are regulated bystatute James VII , 1685, c. 22. By this act, it is declaredlawful for subjects to tailzie their lands, and to substituteheirs, with such provisions as they shall think proper; and toenforce these tailzies, by irritant and resolutive clauses, pro-hibiting heirs from selling, alienating, or disponing the lands,or to contract debt, or to do any thing to the prejudice of thesubstitutes in the tailzie, provided certain forms of publicationare observed, by which the public may be protected againstany scheme of imposition which might be attempted, by aperson possessing an entailed property, assuming the charac-ter of absolute proprietor, while in fact he is only a liferentcr.