diction is vitiated and erased in substantialibus; it wants the names and designations of the writer and witnesses, is not duly signed nor tested, and the said letters of publication are not duly executed or registered. Secundo, Although the pursuer may have been of a facile disposition when the said bond of interdiction was granted, yet, having now attained a more perfect age, and acquired a better state of health, and having become rei suæ providus, and in every respect capable of managing his own affairs, the defenders ought voluntarily to have discharged the bond of interdiction-(this is the style where the interdiction has been voluntary.)-Tertio, Such being the state of the pursuer, he ought no longer to be deprived of his natural rights; and therefore, and for other reasons to be proponed at discussing hereof, the foresaid bond of interdiction and letters of publication, with the executions thereof, OUGHT and SHOULD be REDUCED, RETREATED, RESCINDED, CASSED, ANNULLED, DECERNED, and DECLARED, by decree of our said Lords, to be now, and in all time coming, as to all subsequent acts and deeds, void and null, and of no avail, force, strength, or effect, with all that may follow thereupon; AND the same being so reduced and set aside, it oUGHT and SHOULD be FOUND and DeCLARED, by decree foresaid, that the pursuer is now free of all imbecility and weakness of mind, and possessed of health, memory, and judgment; and by his acts and deeds has given clear evidence that he is rei su providus, and capable of managing his own affairs, without the direction or assistance of the defenders; AND THEREFORE, that all the acts and deeds of the pursuer, in the management of his affairs, shall in future stand good and valid, and be as sufficient, and be of as great force and effect, to all intents and purposes, as if the pursuer had never been in a situation requiring interdiction, and the said bond of interdiction had never been executed; AND that agreeably to the laws and daily practice of Scotland used and observed in the like cases in all points; OR ELSE to allege a reasonable cause in the contrary; with certification to the said defenders, if they fail, our Lords will proceed in the matter, and reduce, decern, and declare, in manner foresaid; ACCORDING to JUSTICE, as ye will answer to us thereupon. WHICH to do, we commit to you, conjunctly and severally, full power, by these our letters, delivering them by you, duly executed and indorsed, again to the bearer. GIVEN under our signet, AT EDIN. BURGH, the day of and 43d year of our reign, 1803. This clofes the view I mean to give of those forms by which power is given to act for minors, or for those incapable of acting for themfelves; and I next proceed to the deeds of succession, from which, I fear, I have made too wide a digression. CHAP. V. OF THE DESTINATION OF ESTATES FOR THE PURPOSES OF CHARITY. LANDS given to the church for pious uses were said to be mortified, because all casualties were lost to the superior, and the services returned were in general masses for the souls of the deceased. But although mortifications, in the ancient sense of the word, were abolished at the Reformation, lands may still be destined to the purposes of charity, provided they be held blench or feu. In deeds of this kind there is nothing peculiar in the holding; the right will in general be vested in trustees, with a double manner of holding, either a se or de se of the grantor; and I shall, as an example of this species of deed, give the one by which Gillespie's Hospital was endowed. Trust Disposition and Settlement by BE IT KNOWN to ALL MEN by these presents, I JAMES GILLESPIE, Esq. of Spylaw; WHEREAS I am resolved to make a settlement of my affairs, to take place after my death; and having full and perfect confidence in the persons after named, whom I appoint as trustees for the ends, uses, and purposes after mentioned: THEREFORE WIT YE ME to have DISPONED, ASSIGNED, CONVEYED, and MADE OVER, as I, by these presents, with and under the burdens, provisions, conditions, reservations, and for the uses and purposes aftermentioned, DISPONE, ASSIGN, CONVEY, and Make OVER, from me, my heirs and successors, to and in favours of A, B, and C, and the acceptors or acceptor, and survivors or survivor of them, and their assignees or disponees; whom failing, to such other persons or person as may be assumed, named, and appointed by them, or the survivor of them, pursuant to the powers hereafter committed to them, all and sundry lands, tenements, heritages, dispositions in security, heritable bonds, adjudications, reversions, tacks, rooms, steadings, and possessions, presently belonging, or which shall belong to me at the time of my death, with the whole rents and evidents thereof; and also all debts, heritable and moveable, sums of money due and owing, or which shall be addebted and owing, to me at the time of my decease, by any person or persons whatever, by bonds, bills, promissory notes, receipts, accounts, or any other manner of way; together with my whole household furniture, bed and table linen, silver plate, lying money, bank-notes, gold and silver, coined and uncoined, horses, cattle, sheep, farming utensils, carriages, stocking of every kind, goods, gear, and every other heritable and moveable, real and personal estate, presently belonging, or which shall happen to belong to me at the time of my death, with the whole vouchers and instructions thereof, conceived in favours of me and my predecessors and authors; and particularly, without prejudice to the said generality, ALL and WHOLE those parts and portions of the lands and barony of, &c. &c. (here the lands were specified); As ALSO, heritably, but under reversion in manner aftermentioned, NOT ONLY an annualrent of less or more, as shall correspond by law for the time to the principal sum of Sterling, to be uplifted and taken at two terms in the year, Whitsunday and Martinmas, by equal portions, beginning the first half-year's uplifting thereof at the first term of Whitsunday or Martinmas which shall follow my death, and so forth termly thereafter, during the not redemption, with a fifth part more of each term's annualrent of liquidate penalty for each term's failure, furth of ALL and WHOLE, &c.; BUT ALSO ALL and WHOLE the said lands and |