Lands Clauses Consolidation (Scotland) Act 1845
Lands Clauses Consolidation (Scotland) Act 1845 (1845 c. 19)
- Lands Clauses Consolidation (Scotland) Act 1845 (1845 c. 19)
- [1.] This Act to apply to all undertakings authorized by Acts hereafter passed.
- Interpretations in this Act
- 2 “special Act:” “prescribed:” “the works:” “promoters of the undertaking.”
- 3 Interpretations in this and the special Act. number: gender: “lands:” “lease:” “month:” “lord ordinary:” “sheriff:” “justices:” “owner:” “the Bank.”
- 4 Short title of the Act.
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Purchase of lands by agreement
- 6 Power to purchase lands by agreement.
- 7 Parties under disability enabled to sell and convey.
- 8 Parties under disability may exercise other powers.
- 9 Amount of compensation, in case of parties under disability, to be ascertained by valuation, and paid into the Bank.
- 10 Where vendor absolutely entitled, lands may be sold on feu duties, &c.
- 11 Payment of which to be charged on tolls.
- 12 Power to purchase lands required for additional accommodation.
- 13 Authority to sell and repurchase such lands.
- 14 Restraint on purchase from incapacitated persons.
- 15 Capital to be subscribed before compulsory powers of purchase put in force.
- 16 Certificate of sheriff evidence that capital has been subscribed.
- Purchase of lands otherwise than by agreement
- 17 Notice of intention to take lands
- 18 Service of notices on owners and occupiers of lands.
- 19 If parties fail to treat, or in case of dispute, question to be settled as after mentioned.
- 20 Dispute, as to compensation may be referred to arbitration.
- 21 Settlement of claim not exceeding 50l.
- 22 Method of proceeding for settling disputes as to compensation by sheriff.
- 23 Where compensation claimed exceeds 50l., it may be settled by arbitration if claimant so desire.
- 24 Appointment of arbiters when questions are to be determined by arbitration.
- 25 Vacancy of arbiter to be supplied.
- 26 Appointment of oversman.
- 27 Lord ordinary empowered to appoint an oversman on neglect of the arbiters.
- 28 In case of death of single arbiter, the matter to begin de novo.
- 29 If either arbiter refuse to act, the other to proceed ex parte.
- 30 If arbiters fail to make their award within 21 days the matter to go to the umpire.
- 31 Power of arbiters to call for books, &c.
- 32 Costs of arbitration how to be borne.
- 33 Award to be delivered to the promoters of the undertaking
- 34 Award not to be set aside for error in form.
- 35 Settlement of arbitration &c.
- 36 Party claiming compensation may require a jury to be summoned.
- 37 Promoters of the undertaking to give notice before summoning a jury.
- 38 Petition for summoning jury to be addressed to the sheriff.
- 39 Jurymen to be summoned.
- 40 Notice of inquiry.
- 41 Jury to be impannelled.
- 42 Sheriff to preside; jury may view
- 43 Penalty on jury for default.
- 44 Witnesses to be summoned.
- 45 Penalty on witnesses making default.
- 46 If the party make default the inquiry not to proceed.
- 47 Jury to be sworn.
- 48 Sums to be paid for purchase of lands and for damage, to be assessed separately.
- 49 Verdict and judgment to be recorded.
- 50 Expences of the inquiry how to be borne.
- 51 Particulars of the expences.
- 52 Payment of expences.
- 53—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 56 Compensation to absent parties to be determined by a valuator, appointed by the sheriff.
- 57 Sheriff to nominate a valuator.
- 58 Declaration to be made by the valuator.
- 59 Valuation, &c. to be produced to the owner of the lands, &c.
- 60 Promoters to bear expense.
- 61 Purchase money and compensation how to be estimated.
- 62 Compensation may be apportioned among different parties.
- 63 Where compensation to absent party has been determined by a valuator the party may have the same submitted to arbitration.
- 64 Question to be submitted to the arbiters.
- 65 If further sum awarded, promoters to pay or deposit same within 14 days.
- 66 Expences of the arbitration.
- Application of compensation
- 67 Purchase money payable to parties under disability, amounting to 200l, to be deposited in the Bank.
- 68 Order for application, and investment meanwhile.
- 69 Sums from 20l. to 200l. to be deposited, or paid to trustees.
- 70 Sums not exceeding 20l. to be paid to parties.
- 71 All sums payable under contract with persons not absolutely entitled to be paid into the Bank.
- 72 Court of Session may direct application of money in respect of leases or reversions as they may think just.
- 73 On the purchase of lands to be entailed, not necessary to insert the provisions verbatim.
- 74 Upon 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.
- 75 Where parties refuse to convey, or do not show title, or cannot be found, the purchase money to be deposited.
- 76 Upon deposit being made, a receipt to be given, and the lands to vest upon a notarial instrument being executed.
- 77 Application of monies so deposited.
- 78 Party in possession to be deemed to be the owner.
- 79 Expences in cases of money deposited.
- Conveyances
- 80 Form of conveyances.
- 81 Expences of conveyances.
- 82 Taxation of expences of conveyances
- Entry on lands
- 83 Payment of price to be made previous to entry, except to survey, &c.
- 84 Promoters to be allowed to enter on lands before purchase, on making deposit by way of security and giving bond.
- 85 Deposit to be paid into Bank, and cashier to give a receipt.
- 86 Deposit to remain as a security, and to be applied under the direction of the court.
- 87 Penalty on the promoters of the undertaking entering upon lands without consent, before payment of the purchase money.
- 88 Decision of sheriff not conclusive, &c.
- 89 Proceedings in case of refusal to deliver possession of lands.
- 90 Parties not to be required to sell part of a house.
- Intersected lands
- 91 Power to owners of intersected lands to insist on sale.
- 92 Power of promoters of the undertaking to insist on purchase where expence of bridges, &c exceeds the value.
- Common lands
- 93 Proceedings in regard to lands in commonty, &c.
- 94 Meeting to appoint a committee.
- 95 Committee to agree with promoters of the undertaking.
- 96 Disputes to be settled as in other cases.
- 97 If no committee be appointed, the amount to be determined by a valuator.
- 98 Upon payment of compensation payable to commoners, the lands to vest.
- Lands in mortgage
- 99 Power to redeem veritable securities.
- 100 Deposit of money on refusal to accept redemption.
- 101 Sum to be paid when security exceeds value of lands.
- 102 Deposit of money when refused on tender.
- 103 Sum to be paid where part only of lands under security taken.
- 104 Deposit of money when refused on tender.
- 105 If sums secured paid off before the stipulated time, promoters to pay expences incidental to reinvestment.
- 106 Compensation in respect of loss of interest.
- Lands subject to rent-charges
- 107 Company to continue the payment of feu duties, &c.
- 108 Discharge of lands from such charge.
- 109 Discharge of part of lands from charge.
- 110 Deposit in case of refusal to discharge.
- 111 Charge to continue on lands not taken.
- Lands subject to leases
- 112 Where part only of lands under lease taken, the rent to be apportioned.
- 113 Tenants to be compensated.
- 114 Compensation to be made to tenants for a year, &c.
- 115 Where greater interest claimed than from year to year the lease or missive to be produced.
- 116 Limit of time for compulsory purchase.
- Interests omitted to be purchased
- 117 Promoters of the undertaking empowered to purchase interests in lands the purchase whereof may have been omitted by mistake.
- 118 How value of such lands to be estimated.
- 119 Promoters of the undertaking to pay the expences of litigation as to such lands.
- Sale of superfluous lands.
- 120 Lands not wanted to be sold or in default to vest in owners of adjoining lands.
- 121 Lands to be offered to owner of lands from which they were severed, or to adjoining owners.
- 122 Right of pre-emption to be claimed within six weeks.
- 123 Differences as to price to be settled by arbitration
- 124 Lands to be conveyed to the purchasers.
- 125 Effect of word “dispone” in conveyances.
- 126 Superiorities not to be affected.
- 127 †Land tax and poor’s rate to be made good.
- Notices
- 128 Service of notices upon the promoters of the undertaking.
- 129 Tender of amends.
- Recovery of penalties
- 130 Penalties to be summarily recovered before the sheriff or two justices.
- 131 Penalties to be levied by poinding and sale.
- 132 Poinding, &c. against the treasurer.
- 133, 134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 135 Application of penalties.
- 136, 137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 139 Power of appeal from sheriff substitute to sheriff,
- 140, 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Access to special Act
- 142 Copies of special Act to be kept and deposited and allowed to be inspected.
- 143 Penalty on company failing to keep and deposit Act.
- 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Schedules
- SCHEDULE (A) Form of Conveyance
- SCHEDULE (B) Form of Conveyance in consideration of Feu Duty or Rent-charge
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