Online Encyclopedia

EXCAMBION (a word connected with a la...

Online Encyclopedia
Originally appearing in Volume V10, Page 49 of the 1911 Encyclopedia Britannica.
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EXCAMBION (a word connected with a large class of Low Latin and
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Romance forms, such as cambium, concambium, scambium, from
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Lat. cambire, Gr. KhOety or Kh/s7rTav, to
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bend, turn or
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fold)
  , in Scots law, the
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exchange (q.v.) of one heritable subject for another . The
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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 . Writing is not, by the law of Scotland, essential to an excambion . Chiefly in favour of the class of cottars and small feuars, and for convenience in straightening marches, the law will consider the most informal memoranda, and even a verbal agreement, if supported by the subsequent possession . The power to excamb was gradually conferred on entailed proprietors . The Montgomery Act, which was passed in 1770, to facilitate agricultural improvements, permitted 50 acres arable and too acres not
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fit for the plough to be excambed . This was enlarged by the Rosebery Act in 1836, under which one-
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fourth of an entailed estate, not.including the mansion-house, home
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farm and policies, might be excambed, provided the heirs took no higher grassum (O.E. gersum,
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fine) than £200 . 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 .

End of Article: EXCAMBION (a word connected with a large class of Low Latin and Romance forms, such as cambium, concambium, scambium, from Lat. cambire, Gr. KhOety or Kh/s7rTav, to bend, turn or fold)
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