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BURGAGE-HOLDING

Volume 5 · 237 words · 1842 Edition

in Scotland, is the tenure by which the property in real burghs is held under the king, and is originally constituted by a charter from the crown in favour of the burgh, the effect of which is, that every proprietor within the burgh holds his property directly of the king as superior, for the reddeudo, pow merely nominal, of watching and warding, or "service of burgh used and wont." The title of a disponee to a burgage property proceeds on a resignation made by delivery of staff and baton in the hands of the magistrates, in virtue of a procuratory granted by the vassal last infest, and followed by an infestment given by the magistrate in favour of the disponee, without the intervention of any precept or charter by progress. The title of an heir in burgage subjects is sometimes completed by a precept of clare constat and infestment, but more frequently by a single act called a cognition and seisin. The proper vassal in burgage-holding being the whole community, which, in a legal sense, never dies, the ordinary casualties are not exigible; and the nature of the tenure also properly excludes such incursions, although a base infestment in an amnulent out of burgage property, given by a bailie of the burgh as bailie in that part, and the town-clerk, as a common notary, has been held as effectual. No widow's tierce is due from burgage subjects.