Removal Terms (Scotland) Act 1886

JurisdictionUK Non-devolved
Citation1886 c. 50
Year1886


Removal Terms (Scotland) Act, 1886

(49 & 50 Vict.) CHAPTER 50.

An Act to amend the Law relating to the Terms of Removal from Houses in Scotland.

[25th June 1886]

W HEREAS in many counties and burghs in Scotland a custom exists whereby for the purpose of a tenant's entry to or removal from a house a period beyond the date of the legal 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 local usage:

And whereas such want of uniformity is productive of great inconvenience, and it is expedient that the terms for such entry and removal should be uniform:

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:

S-1 Short title and extent of Act.

1 Short title and extent of Act.

1. This Act may be cited as theRemoval Terms (Scotland) Act, 1886, and shall extend to Scotland only.

S-2 Repeal of 44 & 45 Vict. c. 39.

2 Repeal of 44 & 45 Vict. c. 39.

2. The Removal Terms (Burghs) Scotland Act, 1881, is hereby repealed.

S-3 Definitions.

3 Definitions.

3. In this Act the following expressions shall have the following meanings:

‘House’ shall mean a dwelling-house, shop, or other building and their appurtenances, and shall include a dwelling-house or building let along with land for agricultural or other purposes:

‘Burgh’ shall mean royal burgh, parliamentary burgh, or any populous place, the boundaries whereof have been fixed and ascertained under the General Police and Improvement (Scotland) Act, 1862, and subsequent Acts:

‘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:

‘Tenant’ shall mean a tenant under any lease as defined by this Act: and

‘Person’ shall mean any person or individual, and shall apply to and include companies and corporations.

S-4 Terms of entry and removal from houses.

4 Terms of entry and removal from houses.

4. Where under any lease entered into after the passing of this Act, the term for a tenant's entry to, or removal from, a house shall be one or other of the terms of Whit-Sunday or Martinmas, the tenant shall, in the absence of express stipulation to the contrary, enter to, or remove from, the said house (any custom or...

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