Lands Clauses Consolidation (Scotland) Act 1845

JurisdictionUK Non-devolved
Citation1845 c. 19
Anno Regni VICTORI, Britanniarum Regin,Octavo & Nono. An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature inScotland.

(8 & 9 Vict.) C A P. XIX.

[8th May 1845]

'WHEREAS it is expedient to comprise in One general Act sundry Provisions usually introduced into Acts of Parliament relative to the Acquisition of Lands inScotland required for Undertakings or Works of a public Nature, and the Compensation to be made for the same, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ensuring greater Uniformity in the Provisions themselves:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Act shall apply to every Undertaking inScotland authorized by any Actof Parliament which shall hereafter be passed, and which shall authorize the taking of Lands for such Undertaking, and this Act shall be incorporated with such Act; and all the Provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as the same shall be applicable to such Undertaking, and shall, as well as the Clauses and Provisions of every other Act which shall be incorporated with such Act, form Part of such Act, and be construed together therewith as forming One Act.

And with respect to the Construction of this Act, and other Acts to be incorporated therewith, be it enacted as follows:

S-II ‘special Act:’

II ‘special Act:’

II. The Expression ‘the special Act’ used in this Act shall be construed to mean any Act which shall be hereafter passed, and which shall authorize the taking of Lands for the Undertaking to which the same relates, and with which this Act shall be so incorporated as aforesaid; and the Word ‘prescribed’used in this Act, in reference to any Matter herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word shall occur shall be construed as if instead of the Word ‘prescribed’ the Expression ‘prescribed for that Purpose in the special Act’ had been used; and the Expression ‘the Works’or ‘the Undertaking’ shall mean the Works or Undertaking, of whatever Nature, which shall by the special Act be authorized to be executed; and the Expression ‘the Promoters of the Undertaking’shall mean the Parties, whether Company, Undertakers, Commissioners, Trustees, Corporations, or private Persons, by the special Act empowered to execute such Works or Undertaking.

S-III Interpretations in this and the special Act.

III Interpretations in this and the special Act.

III. And be it enacted, That the following Words and Expressions both in this and the special Act shall have the several Meanings hereby assigned to them, unless there be something either in the Subject or Context repugnant to such Construction; (that is to say,)

Words importing the Singular Number only shall include the Plural Number; and Words importing the Plural Number only shall include the Singular Number:

Words importing the Masculine Gender only shall include Females:

The Word ‘Lands’ shall extend to Houses, Lands, Tenements, and Heritages of any Description or Tenure:

The Word ‘Lease’ shall include a Missive of Lease:

The Word ‘Month’ shall mean Calendar Month:

The ‘Lord Ordinary’ shall mean the Lord Ordinary of the Court of Session inScotland officiating on the Bills in Time of Vacation, or the junior Lord Ordinary, if in Time of Session, as the Case may be:

The Word ‘Oath’ shall include Affirmation in the Case of Quakers, or other Declaration or Solemnity lawfully substituted for an Oath in the Case of any other Persons exempted by Law from the Necessity of taking an Oath:

The Word ‘County’ shall include any Ward or other like Division of a County:

The Word ‘Sheriff’ shall include the Sheriff Substitute:

The Word ‘Justices’ shall mean Justices of the Peace acting for the County, City, Liberty, or Place where the Matter requiring the Cognizance of any such Justice shall arise, and who shall not be interested in the Matter; and where such Matter shall arise in respect of Lands, being the Property of one and the same Party, situate not wholly in any one County, City, Liberty, or Place, the same shall mean a Justice acting for the County, City, Liberty, or Place where any Part of such Lands shall be situate, and who shall not be interested in such Matter; and where any Matter shall be authorized or required to be done by Two Justices, the Expression ‘Two Justices’shall be understood to mean Two or more Justices assembled and acting together:

Where, under the Provisions of this or the special Act, or any Act incorporated therewith, any Notice shall be required to be given to the Owner of any Lands, or where any Act shall be authorized or required to be done with the Consent of any such Owner, the Word ‘Owner’shall be understood to mean any Person or Corporation, or Trustees or others, who, under the Provisions of this or the special Act, would be enabled to sell and convey Lands to the Promoters of the Undertaking:

The Expression ‘the Bank’ shall mean any one of the incorporated or chartered Banks inScotland .

S-IV Short Title of the Act.

IV Short Title of the Act.

IV. And be it enacted, That in citing this Act in other Acts of Parliament and in legal Instruments it shall be sufficient to use the Expression ‘TheLands Clauses Consolidation (Scotland ) Act, 1845.’

S-V Form in which Portions of this Act may be incorporated with other Acts.

V Form in which Portions of this Act may be incorporated with other Acts.

V. 'And whereas it may be convenient in some Cases to incorporate with Acts of Parliament hereafter to be passed some Portion only of the Provisions of this Act;' be it therefore enacted, That for the Purpose of making any such Incorporation it shall be sufficient in any such Act to enact that the Clauses of this Act with respect to the Matter so proposed to be incorporated (describing such Matte as it is described in this Act in the Words introductory to the Enactment with respect to such Matter) shall be incorporated with such Act; and thereupon all the Clauses and Provisions of this Act with respect to the Matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if the Substance of such Clauses and Provisions were set forth therein with reference to the Matter to which such Act shall relate.

S-VI Power to purchase Lands by Agreement.

VI Power to purchase Lands by Agreement.

And with respect to the Purchase of Lands by Agreement, be it enacted as follows:

VI. Subject to the Provisions of this and the special Act, it shall be lawful for the Promoters of the Undertaking to agree with the Owners of any Lands by the special Act authorized to be taken, and which shall be required for the Purposes of such Act, and with all Parties having any Right or Interest in such Lands, or by this or the special Act enabled to sell and convey the same, for the absolute Purchase of any such Lands, or such Parts thereof as they shall think proper, and for the Purchase of all Rights and Interests in such Lands of what Kind soever.

S-VII Parties under Disability enabled to sell and convey.

VII Parties under Disability enabled to sell and convey.

VII. It shall be lawful for all Parties being possessed of any Lands, or any such Right or Interest therein, to contract for, sell, convey, and dispose of such Lands, or of such Right therein, to the Promoters of the Undertaking, and to enter into all necessary Agreements for these Purposes, and particularly it shall be lawful for the Parties following so to do; (that is to say,) all Corporations, Heirs of Entail, Life-renters or Persons holding any other partial or qualified Estate or Interest, married Women seised in their own Right or entitled to Terce or Dower, or any other Right or Interest, Husbands, Tutors, Curators, and other Guardians for Infants, Minors, Lunatics or Idiots, fatuous or furious Persons, or for Persons under any other Disability or Incapacity, Judicial Factors, Trustees or Feoffees in trust for charitable or other Purposes, Executors, and Administrators; and the Power so to contract for, sell, convey, and dispose of as aforesaid may lawfully be exercised by all such Parties, not only on behalf of themselves and their respective Heirs, Executors, Administrators, and Successors, but also for and on behalf of every Person entitled in reversion or expectancy after them, and as to such married Women as if they were sole, and as to such Tutors, Curators, Cuardians, Judicial Factors, and Trustees, on behalf of those for whom they respectively act, whether Infants, Minors, Issue unborn, Bankrupts, Lunatics, Idiots, fatuous and furious Persons, married Women, or other incapacitated Persons, and that to the same Extent as such Infants, Minors, Bankrupts, Lunatics, Idiots, fatuous and furious Persons, married Women, and other incapacitated Persons respectively could have exercised the same Power under the Authority of this and the special Act if they had respectively been under no Disability.

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