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Disposition

clause, deed, property, heritable and disponee

DISPOSITION, in the law of Scotland, is a deed of conveyance, applicable either to heritable or movable property, but most frequently used for the purpose of transferring the former from the seller to the buyer. There is another well-known form of the deed, the object of which is to settle a whole succession, both heritable and movable, a will or testament, in Scotland, being used mostly for movable property. This latter deed is commonly known as a disposition and settlement. The following are the clauses usually contained in a disposition for the purpose of conveying heritable property: 1, The nar rative or inductive clause, in which the names of the disponer and disponee are set forth, the cause of granting the deed is stated, and the receipt of the price or consideration is acknowledged, if the conveyance has been for an onerous cause. 2. The dirpositive clause, in which the maker of the deed "sells and dispones," or "gives, grants, and dis pones," if there has been no price paid or consideration given. 3. A clause obliging the disponer to infeft. See INFEFTMENT. 4. A proeuratory of resignation. 5. A clause of warrandice (q.v.). G. An assignation to the title-deeds and rents of the subject. 7. An obligation to free the disponee from public burdens due before his term of entry. 8. A clause to the effect that the title-deeds have been delivered to the disponee. O. A clause of registration. 10. A precept of sasine (q.v.). And lastly, a testing clause (q.v.). Though it is still optional to make use of these clauses, they have been greatly shortened, and in some instances dispensed with by recent acts, which are consolidated by the titles to land (Scotland) act (1868), 31 and 32 Vict. c. 101, and 32 and 33 Vict. c. 110. A dis

position for the conveyance of movables is a much simpler document. It often bears ref erence to an inventory containing a more particular enumeration of the effects conveyed. It grants power to the disponee to take possession of the subjects, and it also contains clauses of warrandiee and registration, and a testing clause. The disposition and settle ment, again, varies in form according to the nature of the property conveyed, and the arrangements which are made with reference to it. Sometimes it is a direct convey ance; in other cases it conveys the property to trustees, to be held and administered by them for the benefit of other parties. In this latter case, it is known by the name of a trust-disposition and settlement. Where contingencies which cannot be foreseen with certainty are anticipated, where the management is complicated by details, or where the operations under the deed are likely to be protracted, the appointment of trustees (see Titusr) is usually resorted to. In either case, the granter's life-interest in the property is reserved in express terms, and there is also a clause dispensing with delivery. Time word "dispone" used to be considered a vital word in all these deeds, but is now no longer essential, though it is still current. A disposition in security, which corresponds to the English mortgage, will be explained under heritable securities.