Entail Amendment (Scotland) Act 1875

3 Interpretation of terms.

In this Act the following terms shall have the meanings hereby assigned to them, unless the same are inconsistent with the context; that is to say,

• " The court " shall mean the Court of Session, and shall include either division of the inner house thereof, or the lord ordinary, as the case may be :

• " The lord ordinary " shall mean the junior lord ordinary or the lord ordinary officiating on the bills in time of vacation or recess, as the case may be :

• " Land " shall include all heritages :

• " Heir of entail " shall include the institute :

• " Entailed estate " shall include all heritages which by the law of Scotland may be made the subject of entail, and also all lands or other heritages held in trust for the purpose of . being entailed, and all money or other property real or personal invested in trust for the purpose of purchasing land to be entailed, and also all money consigned in respect of the taking of any land forming part of any entailed estate :

• " Entail Act " shall mean the Act of the Parliament of Scotland passed in the year one thousand six hundred and eighty-five, intituled " Act concerning Tailzies," and any other Acts of Parliament in force relating to entailed estates in Scotland :

• " Creditor " shall include the heirs and assignees of a creditor:

• " Improvements " shall include all or any of the following matters, and all operations necessary for carrying into effect any of such matters ; that is to say,

  (1)

  The draining, or the straightening, widening, deepening, or otherwise improving the drains, streams, and watercourses of an entailed estate, or the conducting of water to any house or houses or offices or mill or works, or to any town, village, or populous place situated on the estate ;

  (2)

  The embanking, warping, or weiring of land from the waters of the sea, or of any lake, river, or stream;

  (3)

  The enclosing of land, and the straightening of fences, and re-division of land ;

  (4)

  The reclamation of land ;

  (5)

  The making of private roads through the estate, and the forming of roads or streets in any town, village, or populous place in so far as situated on the estate, and the making of tramways or railways or navigable canals for the benefit of and in so far . as made within the estate;

  (6)

  The trenching of land, the clearing of land, or the planting of land;

  (7)

  The erecting or improving of, or the making additions to—

  (a)

  The mansion-house or any of the mansion-houses and offices or outbuildings of the same on an entailed estate ;

  (b)

  Farmhouses and offices, or outbuildings for the same, and cottages for labourers, farm-servants, and artizans, whether employed on the estate or not ;

  (c)

  Factors, ground officers, and overseers houses, with suitable offices and outbuildings ;

  (d)

  Inns or hotels and offices, or outbuildings of the same on the estate;

  (e)

  Shooting lodges and offices, or outbuildings for the occupation of the tenants of any shootings which may be let on the estate, and of the servants of such tenants of shootings ;

  (f)

  Engine houses, water wheels, water or horse mills, saw-mills, kilns, shafts, wells, ponds, tanks, reservoirs, dams, leads, pipes, conduits, watercourses, bridges, weirs, sluices, flood gates, or hatches, with all fixed machinery appertaining thereto, which will increase the value of the land for agricultural purposes, or otherwise be beneficial to the estate;

  (g)

  Jetties or landing places on the shores of the sea or of a lake, or on the banks of a navigable river, for facilitating the transport of agricultural stock and produce, or of manures, or other articles needed for agricultural purposes.