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EXCAMBION (a word connected with a large class of Low Latin and See also: law, the See also: exchange (q.v.) of one heritable subject for another
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The See also: modern Scottish excambion may consist in the exchange of any heritable subjects whatever, e.g. a patronage or, what often occurs, a portion of a glebe for servitude
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Writing is not, by the law of Scotland, essential to an excambion
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Chiefly in favour of the class of cottars and small feuars, and for convenience in straightening See also: marches, the law will consider the most informal memoranda, and even a verbal agreement, if supported by the subsequent possession
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The power to excamb was gradually conferred on entailed proprietors
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The See also: Montgomery See also: Act, which was passed in 1770, to facilitate agricultural improvements, permitted 50 acres arable and too acres not See also: fit for the plough to be excambed
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This was enlarged by the Rosebery Act in 1836, under which one-See also: fourth of an entailed estate, not.including the mansion-See also: house, home See also: farm and policies, might be excambed, provided the heirs took no higher grassum (O.E. gersum, See also: fine) than £200
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The power was applied to the whole estate by the Rutherford Act of 1848, and the necessary consents of substitute heirs are now regulated by the Entail(Scotland) Act 1882
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