Christie
| Jurisdiction | Scotland |
| Judgment Date | 16 November 1841 |
| Date | 16 November 1841 |
| Docket Number | No. 6 |
| Court | Court of Session (Inner House - Second Division) |
Lord Ivory. F.
Entail—Expenses—Road—Stat. 1 and 2 Will. IV. c. 43.—
BY the Turnpike Road Act, 1 and 2 Will. IV. c. 43, it was provided by sect. 65, in regard to the expenses of parties proceeding before the Sheriff to treat as to the value of lands and houses, ‘that in case the jury shall award a greater compensation than the trustees shall have offered, but less than the proprietor or occupier shall have required, the expense of the process and proceedings shall be borne by such trustees and the said proprietor or occupier equally; but in case the said jury shall award to such proprietor or occupier the sum so required, or any greater sum, the whole of the said expenses shall be paid by such trustees; and, on the other hand, if the said jury shall award the sum offered by such trustees, or a less sum, the whole of the said expenses shall be paid by the said proprietor or occupier: Provided always, that in all cases where any person shall, by reason of absence, be prevented from treating with the trustees, the said expenses shall be paid by such trustees.’ By sect. 72 of the same statute it was enacted, ‘that if any money shall be agreed or awarded to be paid for any lands, buildings, or other heritable subjects purchased, taken, or used, by virtue of the powers of this Act, or any Turnpike Act, for the purposes of any turnpike road, which are held under entail, or are subject to liferents, &c., such money shall, in case the same shall amount to the sum of £200 sterling, under the direction and by the authority of the Court of Session, be, with all convenient speed, paid into the Bank of Scotland, or Royal Bank of Scotland, or Bank of the British Linen Company, to the intent that such money shall be applied under the direction, and with the approbation of the said Court, to be signified by an order made upon a petition to be preferred in a summary way by the person or persons who would have been entitled
to the rente and profits of the said lands, buildings, or other heritable subjects, &c., in the purchase of other lands, buildings, or heritable subjects, which shall be conveyed and settled to, for, and upon such and the like uses, trusts, intents, and purposes, in the same manner as the lands, tenements, or heritages which shall be so purchased, taken, or used as aforesaid, stood settled and limited, or such of them as, at the time of making such conveyance and settlement, shall be...To continue reading
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Chapter 165, SB 305 – Authorizing division of health to promulgate legislative rules
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