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See also:EXCAMBION (a word connected with a large class of See also:Low Latin and See also:Romance forms, such as cambium, concambium, scambium, from See also:Lat. cambire, Gr. KhOety or Kh/s7rTav, to See also:bend, turn or See also:fold) , in Scots See also:law, the See also:exchange (q.v.) of one heritable subject for another . The See also:modern Scottish See also:excambion may consist in the exchange of any heritable subjects whatever, e.g. a patronage or, what often occurs, a portion of a See also:glebe for See also:servitude . See also:Writing is not, by the law of See also:Scotland, essential to an excambion . 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 See also:possession . The See also:power to excamb was gradually conferred on entailed proprietors . 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 . This was enlarged by the See also:Rosebery Act in 1836, under which one-See also:fourth of an entailed See also:estate, not.including the See also:mansion-See also:house, See also:home See also:farm and policies, might be excambed, provided the heirs took no higher grassum (O.E. gersum, See also:fine) than £200 . The power was applied to the whole estate by the See also:Rutherford Act of 1848, and the necessary consents of substitute heirs are now regulated by the See also:Entail(Scotland) Act 1882 . |
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