Section 3 Court or sheriff to be satisfied that entailed estates will be permanently benefited, and that cottages have been substantially erected.

Provided always, that nothing in this Act contained shall authorize the creation of any charge upon entailed estates, or against succeeding heirs of entail, in respect of the erection of cottages, or shall authorize the application towards the erection of cottages of any monies in which succeeding heirs of entail are interested, unless the court before which proceedings in pursuance of the recited Acts, or any of them, shall be taken shall be satisfied that the said estates or the succeeding heirs of entail will be permanently benefited to the extent of the charge so created or monies so applied, and that the cottages in respect of which such charge is created, or towards the erection of which such monies are applied, have been completed in a proper and substantial manner.