Entail Amendment (Scotland) Act 1875

7 Court empowered to authorise heir of entail to borrow money to defray the cost of improvements on the entailed estate.

Prom and after the passing of this Act, it shall be lawful for the court, on the. application of the heir of entail in possession of an entailed estate in Scotland holden by virtue of any tailzie dated prior to the first day of August one thousand eight hundred and forty-eight, to grant authority to such heir of entail to borrow money to defray the cost of improvements on such estate, whether the same have already been executed by him or are in the course of execution, or are merely contemplated at the date of the application, and whether the same if executed prior to the date of the application were executed before or after the passing of this Act, and to grant security therefor to the lender in the manner hereinafter provided, such heir of entail having paid the cost of such improvements as may have been executed prior to the date of the application, or being liable for the same so far as unpaid : Provided as follows:

(1) The court shall be satisfied that any improvements executed prior to the date of the application are of a substantial nature and beneficial to the estate as at the date of the application to the extent of at least the sum authorised to be borrowed:

(2) The court shall be satisfied with respect to any improvements in course of execution, or contemplated, that the same, if well executed, will be of a substantial nature and beneficial to the estate :

(3) The amount to be borrowed to defray the cost of improvements executed prior to the date of the application shall be instructed by such evidence as the court shall deem reasonable :

(4) The court may determine the amount to be borrowed to defray the cost of improvements in course of execution, or contemplated, upon an estimate of the probable amount of such cost made by a person or persons of skill:

(5) It shall not be necessary in any application that the vouchers of the expenditure shall be produced; but it shall be in the power of the court, or of any reporter or other person appointed to inquire into the facts, and examine the improvements, to call for the production of the vouchers of the expenditure, or any of them, if the court or such reporter or other person shall think it is desirable or necessary that such vouchers, or any of them should be produced :

(6) In every case the court shall, in fixing the amount to be borrowed under their authority, add to the actual or estimated amount of the cost of the improvements, the actual or estimated amount of the cost of the application, and the proceedings therein, and of obtaining the loan, and granting security therefor:

(7) When the application is for authority to borrow money on the security of the estate to defray the cost of improvements thereon executed prior to the date of the application, the process shall be at an end on the court granting the prayer of the application; in every other case the process shall subsist as a depending process until the Whole money authorised to be borrowed shall be paid away under the authority of the court, as herein-after provided:

(8) In every such case as that last mentioned, the court in granting their authority shall make an order for the consignation in bank of the whole amount of the loan authorised on a receipt payable to the orders of court, and such order for consignation shall be set forth in the security to be granted by the heir of entail as after mentioned, and shall be obligatory on the lender; and thereafter the court may make such orders and give such directions in the process as they may think necessary from time to time for the inspection of the works of improvement in course of execution, for ensuring that the improvements shall be well executed, and may, on motion made in the process, grant orders from time to time for payment out of the consigned money to the applicant, or in the case of his death to his personal representative or other successor entitled thereto and sisted in the process as herein-after provided, of the cost of the improvements so far as executed to then' satisfaction, paid for by him or for which he is liable, and of the expenses of the loan and security and of the process.

Provided also, that nothing In this Act shall authorise any heir of entail to charge the entailed estate with money expended on any improvement which may have been executed more than twenty years before the application for authority to charge the estate in respect of such improvement shall hare been made to the court.