Ill
Personal servitudes arise, from burdening a subject or pro-perty, in favour of another person, or granting the usufructor Jiferent of a property, the substance of which is retained.
Liferents are either conventional or legal. Conventionalliferents are either simple, or by reservation. When simple ,they are granted by a proprietor in favour of another person ;and, in order to affect singular successors, they require sasine,by which the liferenter becomes a vassal for life. Liferent byreservation , is where the proprietor, in the same deed by whichhe conveys the property to another person, reserves to him-self a liferent interest in the property.
Legal liferents are the Terce and the Courtesy. The Terce ,which belongs to a widow, unless when excluded by entails,or precluded by marriage-contracts, or bonds of provision ac-cepted by her, is the third of the free heritable subjects ofwhich her husband died infeft, and only takes effect, when themarriage has subsisted a year and a day, or when a living childhas been born of the marriage. Courtesy is the liferent givenby law, to the surviving husband, of all the heritage of whichthe wife died infeft; but does not take place, unless a childof the marriage has been born alive, however long the mar-riage may have subsisted.
SECT. X.
OF BURDENS AFFECTING LANDED PROPERTY INSCOTLAND .
T hese may be considered under five several descriptions :as, 1. Law charges ; and, 2. Parochial; 3. Provincial; 4. Na-tional ; and 5. Miscellaneous burdens *.
* Several important hints on this subject will be found in the valuable Reportof Dumfries-slure, by the Rev, Dr Singer.