The Scottish Drainage and Improvement Company’s Act 1856, sec. 49, provides for the execution by the Enclosure Commissioners of an absolute order charging the amount of improvement expenditure ‘upon the fee of the lands improved.’ The form of the absolute order is prescribed by Schedule C of the statute, and by it the fee of the lands is charged, but no personal obligation is imposed. Sec. 61 provides-‘Every charge on land by virtue of this Act may be recovered by the Company or the person for the time being entitled to the same, by the same means and in like manner in all respects as any feuduties, or rent, or annual rent, or other payment out of the same lands would be recoverable in Scotland.’
In a case where an absolute order had been granted in the form prescribed by Schedule C, charging the fee of a glebe with an annual rent charge in respect of an advance made to the parish minister for improvements on the glebe-held (aff. the judgment of the Court of Session) that the Enclosure Commissioners had not a personal action against the succeeding minister for the rent charge under the Act.
Judges:
Lords Herschell, Watson, and Fitzgerald
Citations:
[1889] UKHL 790, 26 SLR 790
Links:
Jurisdiction:
Scotland
Rating
Updated: 03 June 2022; Ref: scu.635172