[1.]. This Act to apply to all undertakings authorized by Acts hereafter passed.
2.“special Act:” “prescribed:” “the works:” “promoters of the undertaking.”
3. Interpretations in this and the special Act. number: gender: “lands:” “lease:” “month:” “lord ordinary:” “sheriff:” “justices:” “owner:” “the Bank.”
5. Form in which portions of this Act may be incorporated with other Acts.
Purchase of lands by agreement
9. Amount of compensation, in case of parties under disability, to be ascertained by valuation, and paid into the Bank.
10. Where vendor absolutely entitled, lands may be sold on feu duties, &c.
12. Power to purchase lands required for additional accommodation.
15. Capital to be subscribed before compulsory powers of purchase put in force.
16. Certificate of sheriff evidence that capital has been subscribed.
Purchase of lands otherwise than by agreement
19. If parties fail to treat, or in case of dispute, question to be settled as after mentioned.
20. Dispute, as to compensation may be referred to arbitration.
22. Method of proceeding for settling disputes as to compensation by sheriff.
23. Where compensation claimed exceeds 50l., it may be settled by arbitration if claimant so desire.
24. Appointment of arbiters when questions are to be determined by arbitration.
27. Lord ordinary empowered to appoint an oversman on neglect of the arbiters.
28. In case of death of single arbiter, the matter to begin de novo.
29. If either arbiter refuse to act, the other to proceed ex parte.
30. If arbiters fail to make their award within 21 days the matter to go to the umpire.
33. Award to be delivered to the promoters of the undertaking
36. Party claiming compensation may require a jury to be summoned.
37. Promoters of the undertaking to give notice before summoning a jury.
38. Petition for summoning jury to be addressed to the sheriff.
48. Sums to be paid for purchase of lands and for damage, to be assessed separately.
53—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56. Compensation to absent parties to be determined by a valuator, appointed by the sheriff.
59. Valuation, &c. to be produced to the owner of the lands, &c.
62. Compensation may be apportioned among different parties.
63. Where compensation to absent party has been determined by a valuator the party may have the same submitted to arbitration.
65. If further sum awarded, promoters to pay or deposit same within 14 days.
67. Purchase money payable to parties under disability, amounting to 200l, to be deposited in the Bank.
69. Sums from 20l. to 200l. to be deposited, or paid to trustees.
71. All sums payable under contract with persons not absolutely entitled to be paid into the Bank.
72. Court of Session may direct application of money in respect of leases or reversions as they may think just.
73. On the purchase of lands to be entailed, not necessary to insert the provisions verbatim.
74. Upon deposit being made, the owners of the lands to convey, or in default the lands to vest in the promoters of the undertaking, upon a notarial instrument being executed.
75. Where parties refuse to convey, or do not show title, or cannot be found, the purchase money to be deposited.
76. Upon deposit being made, a receipt to be given, and the lands to vest upon a notarial instrument being executed.
83. Payment of price to be made previous to entry, except to survey, &c.
84. Promoters to be allowed to enter on lands before purchase, on making deposit by way of security and giving bond.
85. Deposit to be paid into Bank, and cashier to give a receipt.
86. Deposit to remain as a security, and to be applied under the direction of the court.
87. Penalty on the promoters of the undertaking entering upon lands without consent, before payment of the purchase money.
89. Proceedings in case of refusal to deliver possession of lands.
And with respect to any lands which shall be charged...
Schedules