Scottish Court of Session Decisions

Subject_1Improvement of Land Act 1864, 27 and 28 Vict. cap. 114.
Headnote:

This was a petition by Sir James Fergusson, for authority to proceed with an application under the Improvement of Land Act 1864. The petitioner is heir of entail in possession of the lands of Kilkerran and others. By section 18 of the Act it is provided that the Improvement Commissioners shall, not “make any provisional or other order, sanctioning the improvement of any land, in the case of which the landowner or the husband of the landowner shall be the father of the person or persons entitled, either at law or in equity, to any estate in such land, or any part thereof, in reversion or remainder, up to and inclusive of the person entitled to the first vested estate of inheritance, and such person or persons, or any of them, shall be an infant or infants, or a minor or minors, unless or until such an order (of sanction) as hereinbefore mentioned shall be made by such Court (the English or Irish Court of Chancery, or the Court of Session) as aforesaid.” The Improvement Commissioner's Inspector, Mr A. Jardine, having reported that the proposed improvements, consisting of drainage, building of workmen's cottages and farm steadings, and planting for shelter, would in his opinion add to the permanent yearly value of the estate an amount exceeding that of the yearly amount proposed to be charged thereon in respect of the improvements applied for, the petition came before the Lord Ordinary (Shand,) who made a remit to Mr H. B. Dewar, S.S.C., who reported in favour of granting the application. The Lord Ordinary thereupon reported the matter to the First Division, who granted the prayer of the petition.