Sheriff Court Houses Act 1860
| Jurisdiction | UK Non-devolved |
| Citation | 1860 c. 79 |
| Year | 1860 |
(23 & 24 Vict.) C A P. LXXIX.
[6th August 1860]
'WHEREAS it is expedient that additional Accommodation should be provided for the Sheriff Courts inScotland and the Offices connected therewith:' 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:
I Short Title.
I. This Act may be cited for all Purposes as ‘TheSheriff Court Houses Act, 1860.’
II Interpretation of Terms.
II. The following Words and Expressions in this Act shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction:
The Word ‘Sheriff’ shall include Sheriffs Substitute:
The Word ‘Magistrates’ shall include Provost Magistrates and Council:
The Expression ‘Lands and Heritages,’ and the Expression ‘Valuation Rolls’ shall have the same Meaning as is assigned to these Expressions in ‘The Valuation of Lands (Scotland ) Acts,’ Seventeenth and Eighteenth Victoria , Chapter Ninety-one, and Twenty-Burst Victoria , Chapter Fifty-eight:
The Word ‘Court House’ shall include Sheriff Clerk's Offices and Accommodation for the Procurator Fiscal, and for Procurators and Witnesses, and for the safe Custody of Documents:
The Expression ‘Erection of a Court House’ shall include the Addition to and the Alteration or rebuilding of any Court House already existing, and all necessary Works connected with such Erection, Addition, Alteration, or Rebuilding, and shall also include the Purchase of any existing Building for the Purpose of a Court House.
III Representation may be made to the Secretary of State of Inadequacy of existing Court Houses.
III. On a Representation in Writing being made to One of Her Majesty's Principal Secretaries of State, by any Three Commissioners of Supply of any County, or by Her Majesty's Lieutenant and the Sheriff Depute of any County inScotland , setting forth that the Court House Accommodation in such County is inadequate, it shall be lawful for the Secretary of State to remit such Representation for Investigation, and report to such Persons as he may think fit, and to make such other Inquiry with respect thereto as he may think necessary.
IV Secretary of State to send Representation with Opinion, to Clerk of Supply.
IV. If it shall appear to the Secretary of State, on Consideration of the Reports made to him, that a Court House or Additions to any existing Court House is or are required, he shall transmit such Representation to the Clerk of Supply of the County, with an Intimation of his Opinion thereon, for the Purpose of being laid before the Commissioners of Supply of the County.
V Meeting of Commissioners of Supply to be called and held within One Month after the Receipt of Intimation, and Burghs may send Representatives.
V. Within Fourteen Days after the Receipt of such Intimation, a Special Meeting of the Commissioners of Supply of the County, for the Purpose of considering the same, shall be called by Advertisement, stating the Purpose thereof, and signed by the Convener of the County, and inserted once in each of Two successive Weeks in at least One Newspaper published in the County, or if there be no Newspaper published therein, in at least One Newspaper published in an adjoining County, and such Meeting shall be held within One Month after the Receipt of such Intimation from the Secretary of State; and it shall be lawful for the Magistrates of every Royal and Parliamentary Burgh in the County, the Lands and Heritages situate in which Burgh are of not less yearly Value than Twenty thousand Pounds, as appearing from the Valuation Rolls, if they see cause, from Time to Time to elect such Number of Persons respectively as is set forth in the Schedule to this Act annexed to be present as their Representatives at the said Meeting, and at all subsequent Meetings of Commissioners of Supply for the Purposes of this Act, and such Persons shall be entitled to be present and to vote at such Meetings in like Manner with the Commissioners of Supply of the County.
VI Commissioners may adopt Resolution, &c.
VI. The Commissioners of Supply may at such Meeting resolve to proceed with the Erection of a Court House; or, if it shall appear to them that additional Accommodation is not required at the Time, they may adopt a Resolution to that Effect.
VII Secretary of State to dispose of Resolution.
VII. The Resolution of such Meeting shall, within Eight Days after the Date thereof, be transmitted by the Clerk of Supply to the Secretary of State; and in the event of a Resolution being adopted that additional Accommodation is not required, the Clerk of Supply shall along with the same transmit any Statement of their Reasons for adopting such Resolution which the Commissioners of Supply or the said Representatives of Burghs may think fit to submit to the Secretary of State; and on considering such Resolution and Statement (if any) it shall be lawful for the Secretary of State to dispose of the same, by deciding that additional Accommodation shall be provided, either by the Erection of a Court House or that additional Accommodation is not required at the Time, as he may think fit.
VIII Decision of Secretary of State to be intimated to the Clerk of Supply.
VIII. The Decision of the Secretary of State shall be intimated to the Clerk of Supply, and in the event of such Decision being to the Effect that additional Accommodation shall be provided, it shall be lawful for the Commissioners of Supply, and they are hereby required, immediately after the Receipt of such Intimation, to proceed in Terms thereof to obtain Plans and Specifications of a Court House.
IX Plans and Specifications to be deposited in Sheriff Clerk's Office for Public Inspection.
IX. Such Plans and Specifications shall, after being approved of by the Commissioners of Supply, be deposited in the Sheriff Clerk's Office of the County, and shall there remain for Fourteen Days after the Insertion in a Newspaper published in such County, or if there being Newspaper published therein, in a Newspaper published in an adjoining County, of a Notice intimating that such Plans and Specifications have been so deposited; and during the said Period of Fourteen Days such Plans and Specifications shall be open to Public Inspection free of Charge.
X Plans and Specifications to be approved by the Secretary of State.
X. On the Expiration of the said Period of Fourteen Days, such Plans and Specifications shall be transmitted by the Clerk of Supply to the Secretary of State, who shall either approve of the same, or direct that any Alterations or Additions which he thinks necessary may be made thereon; and any Alterations or Additions directed by the Secretary of State shall be made by the Commissioners of Supply; and such Plans and Specifications shall thereafter be again transmitted by the Clerk of Supply to the Secretary of State, for his Approval.
XI On Plans and Specifications being approved of, Buildings to be proceeded with.
XI. On such Plans and Specifications being approved of by the Secretary of State, the same shall be returned to the Clerk of Supply; and the same, with an Estimate of the necessary Expense, having been submitted to and approved of by the Commissioners of Her Majesty's Treasury, it shall be lawful for the Commissioners of Supply, and they are hereby required, immediately after the Receipt of the Plans and Specifications so approved, to proceed to purchase and acquire the Lands required for the Court House, and enter into Contracts, and to do all other Things necessary for carrying into effect the Purposes of this Act; and such Court House shall be erected and completed under the Superintendence of the Commissioners of Supply, or any Committee or Person appointed by them for that Purpose.
XII & 9 Vict. c. 18. incorporated.
XII...
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