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Tailzies or entails were first formally legalised by an Act of 1685 (APS, viii, 477). The Act ordained entails to be produced before the Court of Session and recorded in the Register of Tailzies (RT1). The register also contains instruments of disentail, contracts of excambion of entailed lands and the relative orders of the Court. The warrants of the register (RT4) consist of petitions and orders of Court thereon or extracts thereof.
In 1855 the Court of Session decided to transmit to the Record Office the model feu charters or feu contracts of entailed lands approved by the Court in terms of the Acts 11 and 12 Vict., c.36 and 16 and 17 Vict., c.94, together with the relative plans and petitions (RT5). A copy of a letter from the Deputy Keeper of the Records on the subject is engrossed at the beginning of the Minute Book (RT6).
Future entails were prohibited by the Entail (Scotland) Act, 1914 (4 and 5 Geo. V, c.43), but existing entails and also instruments of disentail etc. could continue to be registered.
The register was discontinued on 28 November 2004 by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. |