Lands Clauses Consolidation (Scotland) Act 1845

82 Taxation of expences of conveyancesU.K.

If the promoters of the undertaking and the party entitled to any such expences shall not agree as to the amount thereof, such amount shall be ascertained and decerned for by the lord ordinary, on a summary petition presented to him by the party entitled to recover the same; and the promoters of the undertaking shall pay to the party entitled thereto what the said lord ordinary shall decree for or in respect of such expences, or in default thereof the same may be recovered in the same way as any other expences payable under an order or decree of the court, or the same may be recovered by poinding and sale in the manner herein-before provided in other cases of expences; and the expence of taxing such expences shall be borne by the promoters of the undertaking, unless upon such taxation one sixth part of the amount of such expences shall be disallowed, in which case the expences of such taxation, and of or incident to the application to the lord ordinary, shall be borne by the party whose expences to the lord ordinary, shall be borne by the party whose expences shall be so taxed, and the amount thereof shall be ascertained by the said lord ordinary, and deducted by him accordingly in his judgment or decerniture.