Court may remit to Sheriff to ascertain Value. Sheriff to as- Provisions of Value or Price, when ascertain ed, to be lodged Dwelling Houses (Scotland). such Buildings shall not thenceforward be allowed to afford such Harbourage as aforesaid; and if within the said Three Months no such Obligation be granted, or no such Security be found, or if within the Period fixed by the said Magistrates and Town Council such Obligation, if granted, shall not be implemented, it shall be lawful for them to give such Consent as aforesaid, and on such Consent being given it shall be lawful for such Association to apply by summary Petition to the Court of Session, in either of its Divisions, for Authority to acquire such Building, or Range or Block of Buildings, for the Purposes aforesaid or either of them, at a Price to be fixed in manner herein-after provided, and to have the same adjudged to them for such Purposes. XXIV. On such Petition being presented the said Court shall order Service thereof upon the Proprietors or reputed Proprietors of the Property sought to be acquired, or their Factors and Agents, so far as such Proprietors, reputed Proprietors, or Factors may be known and such Intimation by public Advertisement as they shall deem proper; and after hearing any of such Proprietors as may make Compearance, and after such Inquiry by Report of skilled Men or otherwise as they may see fit, the Expense whereof shall be borne by the Association, if satisfied that the State of the Buildings sought to be so acquired gives Occasion to the Risk of Injury or Disease to the Inhabitants or Neighbourhood, or that they afford Harbourage to Persons of dissolute or vicious Character, or otherwise constitute a Nuisance to the Neighbourhood, and that it would be for the public Advantage that the said Buildings or any Portion thereof should be acquired for and appropriated to the Purposes aforesaid, they shall pronounce an Interlocutor containing their Finding to such Effect, and remitting to the Sheriff to take Steps for having a Price or Value put upon the same; and if the said Court shall refuse such Petition they shall have Power to award against the Association to any Parties appearing and opposing the same the whole or such Part of the Expenses incurred by them as to the said Court shall seem just. XXV. On the Remit so made being presented to the Sheriff, he shall forthwith proceed to have the Price or Value of the said Buildings and Site thereof determined according to the Provisions for determining the Value or Compensation to be paid for Lands and Heritages taken for public Undertakings contained in an Act passed in the Eighth and Ninth Years of Her Majesty, Chapter Nineteen, intituled An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature in Scotland: Provided always, that a separate Price shall be ascertained for every Part or Portion of such Buildings known to belong to distinct Proprietors. XXVI. When such Price or Value shall thus have been fixed, the Association shall within Fourteen Days thereafter pay into any of the chartered Banks of Edinburgh the Amount so fixed, with an additional Sum on the Price of each separate Property, conform to the Rates set forth in the Schedule (F.) to this Act annexed, to provide for the Expenses herein-after mentioned, the Money so sion, and Court lodged being placed to the Credit of the Accountant for the Time in Bank in Name of Accountant of Court of Ses Dwelling Houses (Scotland). ciation. being of the Court of Session; and the Association shall further thereupon to lodge with the Accountant Certificates of a complete Search of adjudge ProIncumbrances in reference to each such Property; and on such perty to AssoAccountant reporting to the Court that the Money has been so lodged, and that a Receipt therefor in his Name has been delivered to him, and that Certificates of a complete Search of Incumbrances as aforesaid have also been lodged with him, the said Court shall adjudge and decern the Buildings aforesaid and Site thereof, or such Portion of the same as they may have found it for the public Advantage to be acquired as aforesaid, and the Price or Value of which has been duly lodged in the Bank as herein-before provided, to belong to the Association for the Purposes aforesaid, and on an Extract of their Decree being recorded in the General or Particular or Burgh Register of Sasines, which the Keeper of such Register is hereby required to record on Payment of the usual Fees when the same is presented to him, the absolute Right of Property in and to the said Buildings and the Ground whereon they stand, with the Pertinents and Appurtenances thereof, shall be vested in the said Association and their Successors without any other Title, and these shall thenceforward belong to and be held by the said Association and their Successors for the Purposes foresaid, free from all Right of Challenge on the Part of any Person claiming to have been the true Owner thereof, or to be in right of the true Owner, and free from all Heritable Securities or Burdens other than any Feu Duty or Casualty payable to the Superior, or any Right of Servitude belonging to the Proprietors of neighbouring Tenements: Provided always, that where no Agreement shall have been made with the Superior for a periodical or other Payment in lieu of the Casualty or Composition payable upon the Entry of Heirs and Singular Successors, it shall be lawful for such Superior, at the Death of the existing Vassal, and at the Expiration of every Twenty-five Years thereafter, so long as such Property shall be held for the Purposes aforesaid, to demand and take from the Association or their Successors a Sum equal to the yearly Feu Duty over and above the Feu Duty which may at the Time be due; and the Moncy lodged as aforesaid as the Price or Value of such Buildings, and the Site thereof, or of any Part of the same, shall be a Surrogate for the Buildings themselves, and Site thereof, or Portion thereof respectively, to the Proprietors and all Parties claiming any Heritable Right, Burden, or Security in or over the same; and such Money, till paid as herein-after mentioned, shall be subject to all Claims by such Proprietors or other Parties to which the Buildings, and Site or Portion thereof, if not acquired as aforesaid, would have been subject. XXVII. So soon as the Decree of Adjudication shall have been Accountant to pronounced as aforesaid, the Accountant of the Court of Session receive Claims shall, by such special Intimation and public Advertisements as he on Money lodged; shall deem proper, the Expense of which Intimation and Advertisements shall be defrayed out of the Per-centage herein-before mentioned, call all Parties claiming to be Proprietors or to be entitled to any Annuity, Heritable Debt, or other Burden out of the Buildings aforesaid or Rents thereof, to compear before him and to prepare a Scheme of Division. Party dissatisfi ed with Scheme may appeal to Court of Session. Accountant to divide Price, retaining the Amount un claimed or to which no Right made good. Dwelling Houses (Scotland). by themselves or their Agents, and to lodge with him a written Statement of their Claim, together with the Titles or other Deeds or Writings establishing the same, and such Parties shall be entitled to apply, by Motion to the Division of the Court of Session in which the Petition for Adjudication shall have depended, for a Diligence to recover such Titles, Deeds, or Writings necessary to establish their Claim as may not be in their own Possession, and the said Court shall do thereon as shall seem to them to be just. XXVIII. On receiving the Claims which shall be so lodged, with the Titles, Deeds, and Writings produced, the said Accountant shall consider the same, and shall have Power to call for such Explanations or further Productions, and to take such Assistance by the Opinion of professional or skilled Persons as he may deem necessary, and to hear competing Parties, if any such appear before him; and thereupon he shall prepare a Scheme of Division and Payment of the said Price or annual Proceeds thereof, according to the respective Rights and Interests of the Parties, as to those Portions of the Price to which, or to the annual Proceeds whereof, he is satisfied that a valid Right has been instructed; and he shall append to such Scheme a Statement of those Portions of the Price to which, in his Opinion, no valid Right has been instructed, or in regard to which no Claim may have been made, or which may be required to satisfy or secure any Rights appearing from the Search of Incumbrances, and remaining undischarged, as to which no Claim has been entered or established, and he shall cause public Notice, by such Advertisement as he may deem proper, to be made, that the said Scheme has been prepared, and that it lies for Inspection at his Office, or at some other suitable Place appointed by him for that Purpose; and the said Scheme shall accordingly lie there open for Inspection to all Parties interested for a Period of not less than Three Weeks from the Date of the First Advertisement. XXIX. It shall be competent for any Claimant or Party competing who shall be dissatisfied with the proposed Scheme of Division, to appeal against the same, so far as objected to by him, by Note to the Division of the Court of Session in which the Petition for Adjudication depended; and the said Court, after hearing Parties, shall dispose of the said Appeal and the Expenses thereof as to them shall seem just. XXX. At the Expiry of the Period allowed for the Inspection of the Scheme of Division as aforesaid, the said Accountant shall grant Orders on the Amount lodged in Bank in his Name as aforesaid, for Payment of the Sums set forth in the said Scheme of Division, or the annual Proceeds thereof, as to which no Appeal has been taken, in favour of the Parties to whom those have been allotted in the said Scheme, and so soon as any Appeals that may have been taken shall have been disposed of by the said Court, he shall grant Orders for Payment of such Sums as may have been the Subjects of such Appeal in accordance with the Judgments of the Court pronounced thereupon; and in regard to any Portions of the Price as to which no Claim may have been made, or which he may have considered necessary to satisfy or secure Rights appearing Dwelling Houses (Scotland). appearing from the Search of Incumbrances, or as to which he may have found that no valid Right has been instructed, and his Finding to this Effect may not have been appealed against, or, if appealed against, may have been adhered to by the Court, the said Portions of the Price shall be retained by him, subject to the Directions of the Court in regard to its Investment, till a valid Right shall have been instructed: Provided always, that it shall be competent for any Party conceiving himself to have Right thereto to lodge with the said Accountant at any Time thereafter his Claim, which, after being publicly intimated by such Party as the said Accountant may direct, shall be dealt with and disposed of in the Manner herein-before provided as to the Claims originally lodged as aforesaid. XXXI. The Expense of Advertisements and Intimations re- Expenses of quired as aforesaid to be made by the said Accountant, and of Procedure. taking any Opinion of professional or skilled Men which he may deem necessary, and of framing and reporting to the Court the Scheme of Division, shall be defrayed by him out of the Sum beyond the Price to be deposited as herein-before mentioned, and any Balance thereof remaining after such Scheme has been framed shall be repaid by him to the Association, and any further Sum which may be required to meet such Expenses shall be paid by the Association; and as to all other Expenses of the respective Claimants and Objectors, the Court shall have Power to award Payment thereof by and to such Persons as to the said Court may seem just. XXXII. The said Accountant shall annually lay before the First Division of the Court of Session a State of the Monies lodged in his Name under this Act, and not paid away and distributed as aforesaid, and the said Court shall give such Directions as to the Investment thereof, and of the accruing Interests, and as to the Publication of such State as to them may seem proper, the Expense of such Publication being defrayed out of such accruing Interest. Accountant yearly to lay before Court a State of retained Monies. XXXIII. Every Bank with which any of the Monies aforesaid Interest on shall be deposited in Name of the said Accountant shall, once at Monies in Bank least in every Year, accumulate the Interest with the Principal to be added to Sum, so that both shall thereafter bear Interest together as Prin- Capital yearly. cipal; and any Bank failing so to do shall be liable to account as if such Money had been so accumulated. sanction the XXXIV. It shall be lawful for any such Association as afore- Sheriff may in said, at any Time after the Lapse of Ten Years from the Date of certain Cases any Warrant authorizing the Erection or Improvement of any Disposal of the Dwelling Houses under this Act, to present to the Sheriff or Buildings for Dean of Guild an Application praying for his Authority to sell other Objects. and dispone the Dwelling Houses erected or improved under such Warrant free from the Rules of the Contract recorded as aforesaid, and from the Provisions of this Act: Provided always, that Votes to the Extent of Four Fifths of the Shareholders, or where the Dwelling Houses shall have been disponed in Tack as aforesaid that the Consent of Four Fifths of the Owners of the Dwelling Houses proposed to be sold, shall have been given in favour of the Short Title. Interpretation of Terms. Nothing to exempt Association from Provisions of future General Acts. Dwelling Houses (Scotland). the Resolution to make such Application, and the Sheriff or Dean XXXV. This Act may be cited for all Purposes as "The XXXVI. The Word "Sheriff" shall mean and include the Sheriff and Sheriff Substitute of the County in which the Property held or proposed to be acquired by the Association is situate; and the Words "Sheriff Clerk" shall include the Sheriff Clerk Depute as well as the Sheriff Clerk Principal, and shall mean, where there are Two or more Wards in any County, the Sheriff Clerk, Principal or Depute, officiating within the Ward in which such Property lies; " Dean of Guild" shall mean the Dean of Guild of the Burgh within which the Property held or proposed to be acquired by the Association is situate, such Burgh being always one of those referred to in the First Section hereof; "Town Clerk" shall mean and include the Town Clerk, Assistant Town Clerk, and Depute Town Clerk of such Burgh; "Owner" shall mean the Party for the Time being standing on the Register or Rental Book as in right of a Tack or Rental Right of any Lot or Dwelling forming Part of any Dwelling Houses erected or improved under this Act; and "Proprietor shall mean any Person, Corporation, Trustee, or others who under the Provisions of the Lands Clauses Consolidation (Scotland) Act, 1845, are enabled as Owners to sell and convey Lands to the Promoters of an Undertaking. XXXVII. Nothing in this Act contained shall exempt any Association established under this Act, or the Rules in any Contract of Copartnery entered into under the same, from the Provisions of any Act or Acts passed in any future Session of Parliament for the better Regulation of such Associations. SCHE |
