Scottish Court of Session Decisions

Subject_1Process
Subject_2Petition
Subject_327 and 28 Vice. c. 114 (Improvement of Land Act 1864), sec. 21
Subject_4Remit to the Lord Ordinary on Bills during Vacation. Headnote:

The Improvement of Land Act 1864 provides (sec. 21) that “if the landowner … shall be the father of the person or persons entitled, either at law or in equity, to any estate in the land to be improved, or any part thereof, in reversion or remainder, … and such person or persons, or any of them, shall be an infant or infants, or a minor or minors, the landowner desiring such improvements may apply, … as to lands in Scotland, to either Division of the Court of Session in time of session, or to the Lord Ordinary sitting on Bills in time of vacation, by summary petition, and the Court or single Judge, as the case may be, to whom such application shall be made, shall hear and determine such application, and for that purpose shall have power to make or direct to be made all such inquiries, and receive and entertain all such statements and evidence on oath or by affidavit, as such Court or Judge may consider necessary or desirable, or as may be produced before them or him; and if upon a consideration of all the circumstances, such Court or Judge shall be of opinion that the commissioners should entertain and proceed upon such application, an order shall be made authorising and requiring them to proceed thereon, and to deal with the same according to the provisions of this Act authorising them in that behalf, notwithstanding such … circumstances as aforesaid.” An heir of entail in possession of estates to which his two pupil children were next heirs after him, presented a petition to the Court for authority to proceed with an application under the said Act to charge the said estates with £8000. The Court ordered intimation and service on the three next heirs of entail, and remitted to the Lord Ordinary on the Bills to proceed with the petition during vacation.