19. The right of the superior continues unimpaired, notwithstanding the feudal grant, unless in so far as the dominium utile, o- property, is conveyed to his vassal: His ir.feftment in the lands subsists, and his heir is entitled to be vested, not in the superiority only, but in the lands themselves, of which his ancestor had made over the property. Hence lie can sue all real actions concerning the lands, against every person but the vassal, or those deriving right from him. The superiority carries a right to the services and annual duties contained in the reddendo of the vassal's charter. The duty payable by the vassal is a debit= fundi, i. e. it is recoverable, not only by a per sonal action against himself, but by a real action against the lands. The services with which he is charged, if they are annual, as ploughing, cutting of corns or hay, Scc. must be exacted within the year. The services of personal attendance, by hosting, hunting, watching, and warding, due by vassals, are abolished, I. Geo. II. st. 2. c. 54; and in lieu of them, the superior is entitled toa certain annual payment, to he fixed by the Court of Session, if the parties themselves cannot settle it.
20. Besides the constant fixed rights of superiority, there are others, which, because they depend upon un certain events, arc called casualties. The casualties pro per to a ward holding, while that tenure subsisted, were, ward, recognition, and marriage. By the late statutes, 20 and 25 Geo. II. for abolishing ward-holdings, the tenure of lands holden ward of the crown, and of the prince, is turned into blanch, for payment of one penny Scots yearly, si petatur tantam ; and the tenure of those holden of sub jects, into feu for payment of such yearly feu-duty in money, victual, or cattle, in place of all services, as shall be fixed by the Court of Session.
21. The only casualty, or rather forfeiture, proper to feu-holdings. is the loss or lintel of the feu-right, by the neglect of payment of the feu•duty for two full years. 1597, c. 246.
22. The casualties common to all holdings, are non-en try. relief, lifercnt, escheat, disclamation, and pvrpresture. Non-entry, is that casualty which arises to the superior out of the rents of the feudal subject, through the heir's ne glecting to renew the investiture after his ancestor's death. This casualty was introduced, that the superior, he was without a vassal, might be enabled to provide himself with a proper person to serve him ; the heir, therefore, as soon as by entering he becomes capable of serving his superior, returns, by our customs, to the hill enjoyment of his feu.
23. The heir, from the death of the ancestor till he be cited by the superior in a process of general declarator of non•entrv, loses only the retoured duties of his lands; and he forfeits these, though his delay should not argue any contempt of the superior, because the casualty is consider ed to fall as a condition implied in the feudal right, and not as a penalty of transgression. But where the delay pro
ceeds not from the heir, but from the superior, nothing is forfeited, not even the retoured duties.
24. The heir, after he is cited by the superior in the ac tion of general declarator, is subjected to the full rents till his entry, because his neglect is less excusable after cita tion. The retoured duties due before citation are debita Audi, which the superior, as creditor, may recover by a poinding of the ground; but the right which he has to the full duties that fall after citation, does not accrue to him as creditor, but as interim dominus of the rents ; in which cha racter he can make the rents effectual by a petitory action against tenants and intromitters, improperly called a special declarator.
25. Relief is that casualty which entitles the superior to an acknowledgment or consideration from the heir for re ceiving him as vassal. It is called relief, because by the entry of the heir his fee is relieved out of the hands of the superior. The superior can recover this casualty, either by a poinding of the ground, as a debitum fundi, or by a personal action against the heir, who, if the lands hold of the crown, is subjected by his taking a precept of seisin from the chancery, though he should not infeft himself up on it. In blanch and feu-holdings, where this casualty is expressly stipulated, a year's blanch or feu-duty is due in name of relief, besides the current year's duty, payable in name of blanch or feu-farm.
26. Escheat (from escheoir, to happen or fall.) anciently signified any casualty or forfeiture, by which a right fell from the proprietor, or accrued to another ; hut it has been since restricted to that special forfeiture which falls through a person's being denounced rebel. It is either single or liferent.—Single escheat, though it does not ac crue to the superior, must be explained in this place, be cause of its coincidence with liferent.
27. After a debt is constituted, either by a formal de cree, or by registration of the ground of debt, (which, to the special effect of execution, is in law accounted a de cree) the creditor may obtain letters of horning, issuing from the signet, eommatiding messengers to charge the debtor to pay or perform his obligation within a day cer tain. Where horning proceeds on a formal decree of the Session, the time indulged by law to the debtor is fifteen days ; if upon a decree of the commission of teinds, it is ten : Where it proceeds on a registered obligation, which specifies tht number of days, that number obligation, be the rule ; and if no precise number be mentioned, the charge must be given on fifteen days, which is the term of law, unless where special statute interposes ; as in bills, upon which the debtor may be charged on six days.