Lands Clauses Consolidation (Scotland) Act 1845

Cited in

Amendments (727)

Jurisdiction	UK Non-devolved
Citation	1845 c. 19,8 & 9 Vict. c. 19
Year	1845

Contenidos

Lands Clauses Consolidation (Scotland) Act 1845
[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
^F4 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
^F11 10: Where vendor absolutely entitled, lands may be sold on feu duties, &c
^F12 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
^F16 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
^F30 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
^F50 126: Superiorities not to be affected
^F51 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
^F56 133, 134: … … … … … … … … … …
135: Application of penalties
^F58 136, 137: … … … … … … … … … …
^F59 138: … … … … … … … … … …
139: Power of appeal from sheriff substitute to sheriff,
^F61 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
^F62 144: … … … … … … … … … …

Schedules

SCHEDULE (A): (Sect 80) Form of Conveyance
SCHEDULE (B): (Sect 80) Form of Conveyance in consideration of Feu Duty or Rent-charge
^F68...

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