Lands Clauses Consolidation (Scotland) Act 1845

8 & 9 Vict. c. 19 · Enacted 8 May 1845 · Extends to United Kingdom

Contents

1. 1This Act to apply to all undertakings authorized by Acts hereafter passed.
2. Interpretations in this Act
3. 2“special Act:” “prescribed:” “the works:” “promoters of the undertaking.”
4. 3Interpretations in this and the special Act. number: gender: “lands:” “lease:” “month:” “lord ordinary:” “sheriff:” “justices:” “owner:” “the Bank.”
5. 4Short title of the Act.
6. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
7. Purchase of lands by agreement
8. 6Power to purchase lands by agreement.
9. 7Parties under disability enabled to sell and convey.
10. 8Parties under disability may exercise other powers.
11. 9Amount of compensation, in case of parties under disability, to be ascertained by valuation, and paid into the Bank.
12. 10Where vendor absolutely entitled, lands may be sold on feu duties, &c. Repealed
13. 11Payment of which to be charged on tolls. Repealed
14. 12Power to purchase lands required for additional accommodation.
15. 13Authority to sell and repurchase such lands.
16. 14Restraint on purchase from incapacitated persons.
17. 15Capital to be subscribed before compulsory powers of purchase put in force.
18. 16Certificate of sheriff evidence that capital has been subscribed.
19. Purchase of lands otherwise than by agreement
20. 17Notice of intention to take lands
21. 18Service of notices on owners and occupiers of lands.
22. 19If parties fail to treat, or in case of dispute, question to be settled as after mentioned.
23. 20Dispute, as to compensation may be referred to arbitration.
24. 21Settlement of claim not exceeding 50l.
25. 22Method of proceeding for settling disputes as to compensation by sheriff.
26. 23Where compensation claimed exceeds 50l., it may be settled by arbitration if claimant so desire.
27. 24Appointment of arbiters when questions are to be determined by arbitration.
28. 25Vacancy of arbiter to be supplied.
29. 26Appointment of oversman.
30. 27Lord ordinary empowered to appoint an oversman on neglect of the arbiters.
31. 28In case of death of single arbiter, the matter to begin de novo.
32. 29If either arbiter refuse to act, the other to proceed ex parte.
33. 30If arbiters fail to make their award within 21 days the matter to go to the umpire.
34. 31Power of arbiters to call for books, &c.
35. 32Costs of arbitration how to be borne.
36. 33Award to be delivered to the promoters of the undertaking
37. 34Award not to be set aside for error in form.
38. 35Settlement of arbitration &c.
39. 36Party claiming compensation may require a jury to be summoned.
40. 37Promoters of the undertaking to give notice before summoning a jury.
41. 38Petition for summoning jury to be addressed to the sheriff.
42. 39Jurymen to be summoned.
43. 40Notice of inquiry.
44. 41Jury to be impannelled.
45. 42Sheriff to preside; jury may view
46. 43Penalty on jury for default.
47. 44Witnesses to be summoned.
48. 45Penalty on witnesses making default.
49. 46If the party make default the inquiry not to proceed.
50. 47Jury to be sworn.
51. 48Sums to be paid for purchase of lands and for damage, to be assessed separately.
52. 49Verdict and judgment to be recorded.
53. 50Expences of the inquiry how to be borne.
54. 51Particulars of the expences.
55. 52Payment of expences.
56. 53—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
57. 56Compensation to absent parties to be determined by a valuator, appointed by the sheriff.
58. 57Sheriff to nominate a valuator.
59. 58Declaration to be made by the valuator.
60. 59Valuation, &c. to be produced to the owner of the lands, &c.
61. 60Promoters to bear expense.
62. 61Purchase money and compensation how to be estimated.
63. 62Compensation may be apportioned among different parties.
64. 63Where compensation to absent party has been determined by a valuator the party may have the same submitted to arbitration.
65. 64Question to be submitted to the arbiters.
66. 65If further sum awarded, promoters to pay or deposit same within 14 days.
67. 66Expences of the arbitration.
68. Application of compensation
69. 67Purchase money payable to parties under disability, amounting to 200l, to be deposited in the Bank.
70. 68Order for application, and investment meanwhile.
71. 69Sums from 20l. to 200l. to be deposited, or paid to trustees.
72. 70Sums not exceeding 20l. to be paid to parties.
73. 71All sums payable under contract with persons not absolutely entitled to be paid into the Bank.
74. 72Court of Session may direct application of money in respect of leases or reversions as they may think just.
75. 73On the purchase of lands to be entailed, not necessary to insert the provisions verbatim. Repealed
76. 74Upon deposit being made, the owners of the lands to convey, or in default the lands to vest in the promoters of the undertaking, upon a notarial instrument being executed.
77. 75Where parties refuse to convey, or do not show title, or cannot be found, the purchase money to be deposited.
78. 76Upon deposit being made, a receipt to be given, and the lands to vest upon a notarial instrument being executed.
79. 77Application of monies so deposited.
80. 78Party in possession to be deemed to be the owner.
81. 79Expences in cases of money deposited.
82. Conveyances
83. 80Form of conveyances.
84. 81Expences of conveyances.
85. 82Taxation of expences of conveyances
86. Entry on lands
87. 83Payment of price to be made previous to entry, except to survey, &c.
88. 84Promoters to be allowed to enter on lands before purchase, on making deposit by way of security and giving bond.
89. 85Deposit to be paid into Bank, and cashier to give a receipt.
90. 86Deposit to remain as a security, and to be applied under the direction of the court.
91. 87Penalty on the promoters of the undertaking entering upon lands without consent, before payment of the purchase money.
92. 88Decision of sheriff not conclusive, &c.
93. 89Proceedings in case of refusal to deliver possession of lands.
94. 90Parties not to be required to sell part of a house.
95. Intersected lands
96. 91Power to owners of intersected lands to insist on sale.
97. 92Power of promoters of the undertaking to insist on purchase where expence of bridges, &c exceeds the value.
98. Common lands
99. 93Proceedings in regard to lands in commonty, &c.
100. 94Meeting to appoint a committee.
101. 95Committee to agree with promoters of the undertaking.
102. 96Disputes to be settled as in other cases.
103. 97If no committee be appointed, the amount to be determined by a valuator.
104. 98Upon payment of compensation payable to commoners, the lands to vest.
105. Lands in mortgage
106. 99Power to redeem veritable securities.
107. 100Deposit of money on refusal to accept redemption.
108. 101Sum to be paid when security exceeds value of lands.
109. 102Deposit of money when refused on tender.
110. 103Sum to be paid where part only of lands under security taken.
111. 104Deposit of money when refused on tender.
112. 105If sums secured paid off before the stipulated time, promoters to pay expences incidental to reinvestment.
113. 106Compensation in respect of loss of interest.
114. Lands subject to rent-charges
115. 107Company to continue the payment of feu duties, &c.
116. 108Discharge of lands from such charge.
117. 109Discharge of part of lands from charge.
118. 110Deposit in case of refusal to discharge.
119. 111Charge to continue on lands not taken.
120. Lands subject to leases
121. 112Where part only of lands under lease taken, the rent to be apportioned.
122. 113Tenants to be compensated.
123. 114Compensation to be made to tenants for a year, &c.
124. 115Where greater interest claimed than from year to year the lease or missive to be produced.
125. 116Limit of time for compulsory purchase.
126. Interests omitted to be purchased
127. 117Promoters of the undertaking empowered to purchase interests in lands the purchase whereof may have been omitted by mistake.
128. 118How value of such lands to be estimated.
129. 119Promoters of the undertaking to pay the expences of litigation as to such lands.
130. Sale of superfluous lands.
131. 120Lands not wanted to be sold or in default to vest in owners of adjoining lands.
132. 121Lands to be offered to owner of lands from which they were severed, or to adjoining owners.
133. 122Right of pre-emption to be claimed within six weeks.
134. 123Differences as to price to be settled by arbitration
135. 124Lands to be conveyed to the purchasers.
136. 125Effect of word “dispone” in conveyances.
137. 126Superiorities not to be affected. Repealed
138. 127†Land tax and poor’s rate to be made good. Repealed
139. Notices
140. 128Service of notices upon the promoters of the undertaking.
141. 129Tender of amends. Repealed
142. Recovery of penalties
143. 130Penalties to be summarily recovered before the sheriff or two justices.
144. 131Penalties to be levied by poinding and sale.
145. 132Poinding, &c. against the treasurer. Repealed
146. 133, 134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
147. 135Application of penalties.
148. 136, 137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
149. 138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
150. 139Power of appeal from sheriff substitute to sheriff,
151. 140, 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
152. Access to special Act
153. 142Copies of special Act to be kept and deposited and allowed to be inspected.
154. 143Penalty on company failing to keep and deposit Act.
155. 144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
156. Schedule (A)Form of Conveyance
157. Schedule (B)Form of Conveyance in consideration of Feu Duty or Rent-charge
158. Schedule (C)Schedule (C)