purposes. (Titles to Land Act, 1868, sec. 117.) [Mortgages over land in England, being personal property by the law of that country, are moveable in Scotland, and are not affected as to the rights of husband and wife or legitim by the Titles to Land Act. (Monteith, 1882, 10 R. 982.)]

802. Simple personal debts, even though payable at a future time, with interest from that time, are in general moveable (Ersk. ii. 2. 7; Tuffie, Jan. 14, 1808; Hay, May 15, 1807; Bell's Prin. 1479); as are also shares of companies, whether public or private, and Government stock. (Bell's Prin. ut sup.)

03. Arrears of the annual returns of debts and funds, themselves heritable, are moveable. To this class belong arrears of rents and feu-duties, arrears and savings of interest on heritable bonds, reversions of the price of land sold judicially. Even though secured on land, these are regarded simply as cash in the hands of the person in right of them. (Ersk. ii. 9. 64; Bell's Prin. ut sup.)

804. Where lands are sold by the owner, the price is moveable; but the reverse is the rule where the sale is by an apparent heir, the price in that case coming in place of the lands. (Emslie, Feb. 25, 1817; Hume, 197, 1856; Heron, May 30, 1856, 18 D. 917.)

805. Rights having a tract of future time, such as liferents. and annuities, are heritable. (Stair, ii. 1. 4; Ersk. ii. 2. 6.) Leases are heritable. Patent rights and copyrights, though having a tract of future time, are moveable. (See infra, "Patent" and "Copyright.")

806. Accession. On the principle of accession, feu-duties and casualties of superiority, rents of land, interests of heritable bonds and annuities are heritable, though the arrears, as has been mentioned, are moveable. (Bell's Prin. 1483, 4.) Rights connected with or affecting lands, though not feudalized, are heritable such as servitudes, teinds, patronages, reversions, faculties and rights to challenge heritable deeds. (Ersk. ii, 2. 5.)

807. Destination operates in changing the natural character of incorporeal rights precisely as in the case of corporeal objects. Thus the exclusion of executors in a personal bond will make it heritable. Sums directed to be laid out by trustees on heritable securities are heritable. (Dick, July 4, 1828; Bell's Prin. 1492.) Rents of lands and houses vest and become moveable at the legal terms of Whitsunday and Martinmas. (Carnegie, July 24, 1668.) Interest, where no conventional terms are stipulated, is in the same position as rent.

808. An adjudication before the legal term will carry the radical right to the subject, and with it the rent which vests at the term; arrestment after the term will carry the rent due at the term; and an adjudger following after an arrester will be postponed on the rent due at the term previous. (Ersk. ii. 14, and 11, 12; Bell's Prin. 1504.)

II. OF SUCCESSION IN GENERAL.

809. A proprietor is allowed by the law of Scotland to dispose both of heritage and moveables by gratuitous deeds, under certain restrictions arising out of the rights of his widow and children, which have been already explained.

810. But it is where the proprietor has neglected to use this privilege that the law of succession, properly so called, comes into operation. In this case the law supplies the omission by disposing of the estate and effects of the deceased in the way in which it may reasonably be supposed that he would himself have disposed of them. As every man is presumed to be acquainted with the laws of his country, the fact of a man dying intestate is regarded as equivalent to a declaration on his part that he was satisfied with the arrangements of the law, and wished them to take effect.

811. The leading distinction between the laws of heritable and moveable succession are, that a preference is given to

males; and the privileges of primogeniture are recognised in the former, not in the latter. (Stair, iii. 4. 26; Ersk. iii. 8. 3.)

812. The person to whom heritage descends is called the heir, whilst he who inherits the moveables is called the executor. Both characters may be united in the same individual, as in the case of a sole surviving child.

813. The whole estate of the deceased, heritable and moveable, is called his hæreditas; until taken up by the heir, it is known as hæreditas jacens. (Bell's Prin. 1638.)

814. The person who takes the benefit of the hæreditas is called the representative of the deceased; is burdened with his debts; and, indeed, is legally regarded as the same person (ealem persona cum defuncto). (Ib.)

815. Opening of the Succession.-The succession opens by natural, not by civil death. In the latter case there is no succession, the criminal's estate being forfeited to the Crown. (Hume, Crim. Law, 546.)

816. But the succession may open before death under the provisions of a strict entail, declaring certain acts to infer forfeiture of the estate, and its devolution on the next heir in succession. (See Entail.)

817. Vesting.-In order that a succession may vest in any particular person, he must possess the following requirements: 1. He must have been conceived at the opening of the succession, and be born alive; 2. must be legitimate; 3. a subject of the Queen, either by birth or naturalization; and 4. of uncorrupted blood, i.e. not lying under a sentence of treason. (Bell's Prin. 1641.)

818. [Presumption of Life Limitation.-A recent statute the Presumption of Life Limitation Act (44 and 45 Vict. c. 47)—— has provided for the succession to the estates of persons who have disappeared for long periods of years, but of whose death. there is no evidence. Sec. 1 provides that where a person has been absent from Scotland, or has disappeared, or has not been

[heard of for seven years, and who, at the time of his leaving or disappearance, was possessed of, or entitled to, or has since become entitled to, heritable or moveable property in Scotland, any person entitled to succeed to such absent person may obtain from the Court authority to enjoy the income of such property, as if he were dead; or he may obtain sequestration of the estate, and the appointment of a factor to pay over the income to him. After another seven years from the Court's deliverance giving him the income he may apply for and obtain from the Court the fee of the moveable estate (2); and, after the lapse of thirteen years from the deliverance awarding him the income, he may, in like manner, obtain the fee of the heritage.

819. [Secs. 4 and 5 provide for the applicant's obtaining (where he has made no application for the income at the end of seven years from the disappearance) the fee of the moveables within fourteen years, and of the heritage within twenty years, from the disappearance.

820. [Sec. 8 provides for the purposes of this Act, in all cases where a person has left Scotland, or has disappeared, and where no presumption arises from the facts that he died at any definite date, he shall be presumed to have died on the day which will complete a period of seven years from the time of his last being heard of, at or after such leaving or disappearance.

821. [It is apparent that this last provision is incompatible with the full operation of secs. 2, 3, and 4, for it would cut away their application to the case of a person, who had become entitled to the estate, the right to uplift which was under application seven years after his disappearance. This has been recognised by the Court, who refused a petition, presented on that footing under the fourth section, on the ground that there being no "presumption arising from facts" that the absent person died at a certain date, he must be held, under sec. 8, to have died seven years after he was last heard of. (Craig, 1882, 9. R. 434.)

822. [The Act does not apply to persons disappearing who have never been in Scotland, though the application concerns heritable estate situated in Scotland. (Rainham, 1881, 7 R. 207.) Nor is it meant to benefit a fiar who desires to be relieved of the burden of a liferent on his estate, when the liferenter has disappeared. (Peterhead School Board, 1883, 10 R. 763.)]

III. DESCENT AND CONSANGUINITY AS APPLICABLE BOTH TO HERITABLE AND MOVEABLE SUCCESSION.

823. Consanguinity.-There are three lines of consanguinity -descending, collateral, and ascending. The descending and ascending are called lineal, in distinction to the collateral.

824. Lineal descent includes all issue, immediate and remote ; and each generation forms a degree.

825. Lineal ascent comprehends parents and ancestry in the direct line, as high as evidence can reach.

826. Collateral kindred-i.e. brothers and sisters, uncles and nephews, aunts and nieces, and cousins-also descend from a common ancestor with the deceased, but do not follow each other in lineal succession.

827. Under the head of collaterals it is necessary to distinguish between full and half blood, and under the half blood between consanguinean and uterine.

828. Full blood.-Persons stand in this relation to each other who are born or descended of the same father and mother; such persons are said to be german.

829. Half blood relations, consanguinean, are persons born or descended of the same father, but not of the same mother.

830. Half blood relations, uterine, are persons born or descended of the same mother, but not of the same father. (Bell's Prin. 1647 to 1654.)

831. The law of heritable succession recognises no relationship between these two classes, and there is no succession in