Removal Terms (Burghs) (Scotland) Act 1881
| Jurisdiction | UK Non-devolved |
| Citation | 1881 c. 39 |
| Year | 1881 |
Removal Terms (Burghs) (Scotland) Act, 1881,
(44 & 45 Vict.) CHAPTER 39.
An Act to provide for uniform Terms of entry to and removal from Houses within Burghs in Scotland.
[22nd August 1881]
Whereas in many burghs in Scotland a custom exists whereby for the purpose of tenants entry to or removal from houses, a period beyond the date as fixed by law of the term of entry or removal is allowed, within which such entry or removal may take place:
And whereas the period so allowed is not uniform, but varies according to the usage of the particular burgh:
And whereas such want of uniformity is productive of great inconvenience, and it is expedient that uniform terms for such entry and removal should be provided:
Be it 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, as follows:
1 Short title and extent of Act.
1. This Act may be cited as theRemoval Terms (Burghs) (Scotland) Act, 1881,and shall extend to Scotland only.
2 Definition of terms.
2. In this Act the expression ‘houses’ shall mean and include dwelling-houses, shops, and other buildings and their appurtenances, excepting such dwelling-houses or buildings as shall be let along with land for agricultural purposes; the expression ‘burgh’ shall mean and include royal burghs, parliamentary burghs, or any populous place, the boundaries whereof have been fixed and ascertained under the provisions of the General Police and Improvement (Scotland) Act, 1862, or of the Act first therein recited; the expression ‘lease’ shall include ‘tack’ and ‘set,’ and shall apply to any lease, tack, or set whether constituted by writing or verbally, or by tacit relocation and of whatever duration; and the expression ‘tenant’ shall mean a tenant under any lease as defined by this Act.
3 Terms of entry to and removal from houses fixed.
3. Where under any lease entered into after the passing of this Act the term for the tenant's entry to or removal from houses within the limits of any burgh shall be one or other of the terms of Whitsunday and Martinmas (whether old or new style), the term for such entry or removal shall, in the absence of express stipulation to the contrary, be held to be at noon of one or other of the following days, to wit, the twenty-eighth day...
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