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parish to which the application applies on two successive Sundays before the diet of public worship on each of these days, and a notice intimating the Petition be inserted in the Scotsman newspaper, and in a newspaper circulating in the county in which the parish referred to in said notice is situated, once a week for two successive weeks in each of such newspapers, provided always that the Lord Ordinary may make such other or further order regarding intimation as he may consider to be necessary or expedient in the circumstances of the case.
5. After the period of intimation ordered by the Lord Ordinary has expired, the Petition may be enrolled for an order as follows, viz. :
(a) If a state of teinds has been lodged with the Clerk of Teinds by the titulars or heritors, for a remit to the Clerk to prepare a teind roll.
(b) If no state of teinds has been so lodged (and unless an application under paragraph 6 hereof shall be granted), for an order on the heritors to meet and choose a common agent, and to lodge a state of teinds within a time to be specified in such order, and upon such state of teinds being lodged for a remit to the Clerk to prepare a teind roll.
6. On enrolment under paragraph 5 hereof, the petitioners or any heritor or titular may apply by motion to dispense with the appointment of a common agent and also (if the circumstances justify that course) with the preparation and lodging by the heritors of a state of teinds.
7. In any case in which application is made to dispense with the appointment by the heritors of a common agent the Lord Ordinary may by interlocutor make such orders with regard to the conduct of the process as he may think just and expedient, and may require as a condition of granting the application that the party applying shall make such provision as to the Court may appear just and sufficient for the payment of the fee fund dues, including the expense of preparing the teind roll.
8. In any case in which the preparation and lodging of a state of teinds by the heritors is dispensed with, the Lord Ordinary shall remit to the Clerk of Teinds to prepare and lodge a teind roll according to the state of the teinds as disclosed in the last locality process.
9. The procedure for the appointment of a common agent shall be the same mutatis mutandis as for the appointment of a common agent in a process of locality.
10. After the teind roll has been prepared the clerk shall print and report the same to the Lord Ordinary, who shall take the roll into consideration and shall make such order as he shall think fit with respect to intimation of the roll by advertisement or on the church door or otherwise (including where necessary an order on the heritors for the appointment of a common agent in the event of such appointment having been formerly dispensed with).
11. The teind roll shall be retained in the hands of the clerk subject to inspection by any party interested, and shall not be lent or given out to any person whatsoever. But after the Lord Ordinary has made an order for intimation printed copies may be supplied to the common agent for distribution among the heritors, and where there is no common agent to any heritor who applies.
12. The Lord Ordinary shall either hear parties viva voce upon such objections as may be lodged within eighteen months after the order for intimation of the teind roll, and upon any answers that may be made thereto at the Bar; or he may, if he shall see cause, allow all concerned to give in written answers to such objections within such time as he shall think proper to appoint, and shall thereafter proceed, in so far as regards any application for prorogating the time for giving in papers, in the manner directed by section 12 of the Court of Session Act, 1825.
13. After (a) the objections (if any) to the teind roll have been disposed of by the Court, and (6) any extrajudicial surrenders of teind made before the passing of the said Act 15 & 16 Geo. V., c. 33, have been intimated, and evidence thereof produced, to the clerk (which shall be done before the expiry of six months after the date of the order for intimation of the teind roll), and (c) any surrenders of teind made in accordance with the provisions of the Sixth Schedule of the said Act 15 & 16
Geo. V., c. 33, have become effectual, and (d) intimation has been received by the clerk claiming that the deficiency of stipend caused by any such surrenders shall be reallocated among the heritors in the parish who have unexhausted teinds not yet allocated for stipend, and (e) objections, if any, of any heritor to such reallocation have been disposed of by the Lord Ordinary, a remit shall be made to the clerk to amend the roll, and if, in virtue of the amendments, the Lord Ordinary shall deem it necessary, he may order the clerk to reprint the roll as amended before declaring the roll to be final.
14. After the Lord Ordinary has by interlocutor declared the roll to be final he shall, where a common agent has been appointed, direct that an account of the expenses incurred to the common agent be lodged in process, and when lodged remit the same to the auditor to tax and report; and after approving of such report, shall grant decree against the heritors in favour of the common agent for the taxed amount of the expenses as approved, and for the expense of extracting the decree and proportioning the same in accordance with a scheme of apportionment thereof prepared by the clerk in terms of the provisions of section 11 (3) of the said Act 15 & 16 Geo. V., c. 33.
15. Except in the cases specified in the said Act 15 & 16 Geo. V., c. 33, in which the finding or judgment of the Lord Ordinary is declared to be final, any judgment of the Lord Ordinary may be submitted to review by the Division to which the cause belongs by giving in a Note, which must be lodged within twenty-one days after the date of the finding or judgment complained of, and the procedure on that Note shall be the same as in reviewing judgments of a Lord Ordinary in the Court of Session.
16. The clerk shall, on receiving notice of any change of ownership of the lands contained in one entry in the teind roll in respect of which lands a standard charge has been constituted in accordance with the provisions of section 12 of the said Act 15 & 16 Geo. V., c. 33, insert in the teind roll the name of the new proprietor as stated in said notice; such notice may be in the form of Schedule A annexed to the Act 37 & 38 Vict., c. 94, provided always that notice of change of ownership of part only of an entry in the teind roll shall be given effect to by the clerk only where the provisions of section 13 of the said Act 15 & 16 Geo. V., c. 33, are complied with in said notice. 17. Where a standard charge has been constituted on the lands of
heritor in terms of the provisions of section 12 of the said Act 15 & 16 Geo. V., c. 33, and the same has been redeemed in accordance with the provisions of that section, or where a stipend exigible from the teinds of any lands of a heritor has been redeemed in accordance with the provisions of section 14 of the last-mentioned Act, the clerk shall, on receiving notice in writing of such redemption signed on behalf of the General Trustees and the owner of the lands the standard charge on which has been redeemed, or of the lands the stipend in respect whereof has been redeemed, make an entry to that effect in the teind roll.
18. An excerpt from a teind roll of any entry or entries therein certified by the Clerk of Teinds shall be received in any Court of Law as sufficient evidence of such entry or entries.
And the Lords appoint this Act to be inserted in the Books of Sederunt and to be printed and published in common form.
J. A. CLYDE, I.P.D.
SCHEDULE REFERRED TO.
UNTO THE RIGHT HONOURABLE
THE LORDS OF COUNCIL AND SESSION,
VALUATION OF TEINDS,
THE CHURCH OF SCOTLAND GENERAL TRUSTEES, incorporated by the
Church of Scotland (General Trustees) Order, 1921 ; Humbly sheweth,That by the Church of Scotland (Property and Endowments) Act, 1925, section 11, it is provided, inter alia, that “ There shall be prepared by the Clerk of Teinds for every parish in Scotland a Teind Roll specifying in sterling money (a) the total teind of that parish ; and (b) the amount of that total applicable to the lands of each heritor; and (c) the value of the whole stipend payable to the minister, so far as payable out of teinds, including vicarage teinds payable as stipend and surrendered teinds so payable; and (d) the proportion of that value payable by each heritor in the parish." That the stipend[s] of the Minister[s] of the [United] Parish[es] of [ ] in the Presbytery of [
] and County [or Counties) of [
], became standardised within the meaning of the foresaid Act as at the term of Martinmas 19[ ], in consequence of the death,
[ resignation or translation of the Minister, or intimation in terms of section 4 of the said Act by the Minister to the petitioners of his election, or notification in terms of section 5 of said Act by the petitioners to the Minister and other parties mentioned in the said section--the particulars and dates should be shortly stated].
That the final augmentation in terms of section 10 of said Act has been localled upon the heritors conform to Decree of Locality made final on [give date] : or That no proceedings are to be taken to obtain an augmentation under section 10 of said Act: or That the Lord Ordinary has pronounced a finding that there is no surplus teind in the parish available for an augmentation under section 10 of said Act: or That the time within which proceedings under section 10 (2) of the foresaid Act may be taken has expired. That in these circumstances the preparation of a Teind Roll of the Parish[es]
I should now be proceeded with in terms of section 11 of the aid Act. May it therefore please your Lordships to appoint this petition to be intimated
to all parties concerned by affixing a copy thereof to the most patent door of the church of the said parish[es] on two successive Sundays before the diet of public worship on each of these days, and by inserting a short notice thereof in the Scotsman newspaper and in [another newspaper circulating in the county in which the said parish[es) (are] situated] once a week for two successive weeks, or in such other or further form and manner as to your Lordships may seem proper; to appoint the heritors of the said parish[es] of
to meet and choose a common agent ; to appoint said heritors to lodge a State of Teinds; to remit to the Clerk of Teinds to prepare a Teind Roll in terms of said Act 15 & 16 Geo. V., c. 33, and upon the Teind Roll being reported to your Lordships, and after considering the same with any Objections and any Answers thereto and along with any Surrenders of Teinds that may be duly made, to adjust and complete said Roll, and to declare the same to be a Final Teind Roll.
According to Justice, etc.
ACT OF SEDERUNT TO AMEND ACT OF SEDERUNT DATED 14TH DECEMBER 1923
REGULATING PROCEEDINGS UNDER THE RENT AND MORTGAGE INTEREST RESTRICTIONS ACT, 1920 AND 1923. [Edinburgh, 17th November 1925.]
THE Lords of Council and Session, considering that difficulties have arisen in applying the provisions of section 2 of the Act of Sederunt dated 14th December 1923 regulating proceedings under the Rent and Mortgage Interest Restrictions Acts, 1920 and 1923, to applications made to the Sheriff Court under subsection (2) or subsection (3) of section 5 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (10 & 11 Geo. V. cap. 17), as re-enacted by section 4 of the Rent and Mortgage Interest Restrictions Act, 1923 (13 & 14 Geo. V. cap. 32), to stay or suspend execution on, or to discharge, rescind or vary any order or judgment for the ejection of a tenant which has been made or given in an action for summary removing, and has not been executed, do hereby amend section 2 of said Act of Sederunt dated 14th December 1923 by adding to the said section, at the end thereof, the following paragraph :
When in an action for summary removing decree for the ejection of a tenant has been made or given and has not been executed, the action shall be deemed to be a pending process within the meaning of section 2 of said Act of Sederunt dated 14th December 1923, notwithstanding that the petition or complaint for summary removing with the decree and warrant of ejection written thereon has been given up to the party in right of the decree. Applications to the Sheriff Court under subsection (2) or subsection (3) of section 5 of said Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, as re-enacted by section 4 of said Rent and Mortgage Interest Restrictions Act, 1923, to stay or suspend execution on, or to discharge, rescind or vary such decree and warrant of ejection, may be made by Minute in the Form A hereto annexed; and the warrant to be granted thereon may be in the Form B hereto annexed upon two days' inducie, and may be written on the Minute and signed by the Sheriff Clerk.
the Minuter (or
agent for the Minuter), defender in an action of summary removing raised against the defender at the instance of ....
stated to the Court that by decree dated .... pronounced in the said action, warrant was granted for the ejection of the Minuter from a dwelling-house situated at
such ejection not being sooner than [here insert time appointed for ejection); that the complaint and decree thereon was uplifted by the pursuer or his agent, but the warrant has not yet been executed ; that the Minuter craves that the said decree and warrant should be suspended (or discharged, or varied, as the case may be); that for that purpose the pursuer should be ordained to return the complaint and decree into the hands of the Clerk of Court; and that meantime interim sist of execution should be granted.
(Signature of the Minuter or his Agent.)
FORM B. Grants warrant to cite the pursuer by serving a copy of the Minute and Warrant upon an induciæ of two days, and appoints him to answer within the Sheriff Court at on the day of
[When necessary add, meantime grants interim sist of execution.]
And the Lords appoint this Act to be entered in the Books of Sederunt, and to be printed and published in common form.
J. A. CLYDE, I.P.D.
ACT OF SEDERUNT TO AMEND SECTION V. OF THE TABLE OF FEES ANNEXED TO
THE ACT OF SEDERUNT REGULATING THE FEES PAYABLE IN THE COURT OF SESSION AND OFFICES CONNECTED THEREWITH, AND PRESCRIBING THE FORMS OF BOOKS OF ACCOUNT TO BE KEPT BY THE OFFICES CONCERNED, DATED 20TH July 1922. [Edinburgh, 8th December 1925.1
THE Lords of Council and Session, in pursuance of the powers vested in them by the 2nd Section of the Courts of Law Fees (Scotland) Act, 1895, 58 & 59 Vict., c. 14, and Section 11 of the Church of Scotland (Property and Endowments) Act, 1925, 15 & 16 Geo. V., c. 33, considering that it is necessary to make provision for the fees to be paid to the Clerk of Teinds in connection with the procedure under the last-mentioned Act, do, with the concurrence of the Lords Commissioners of His Majesty's Treasury, amend Section V. of the Table of Fees annexed to the Act of Sederunt of 20th July 1922, and enact and prescribe as follows :
1. That the fees specified in the Table hereto annexed shall be added to Section V. of thc Table of Fees annexed to the foresaid Act of Sederunt.
2. That Section V. of the Table of Fees annexed to the foresaid Act of Sederunt shall hereafter be printed and interpreted as if it had been enacted as herein amended.
And the Lords appoint this Act to be entered in the Books of Sederunt, and to be printed and published in common form.
J. A. CLYDE, I.P.D.
TABLE OF FEES REFERRED TO.
£ s. d.
average value "
0 10 0
0 2 6
1 1 0 0 1 0 0 2 0
42. Making up from official returns of fiars' prices 1873–1922 an
of victual, certifying and intimating same vide 2nd Schedule, 15 & 16 Geo. V.,
c. 33. For each kind of victual 43. Making (and converting from Imperial to Standard) list of fiars' prices and
certifying same vide 4th Schedule, 15 & 16 Geo. V., c. 33. For each kind of
victual. 44. Reports to Lord Ordinary as to surplus teinds (same charge as for scheme of
proven rental No. 28). 45. Preparing teind rolls
For first ten calculations
Note.—The printing of the teind rolls will be undertaken by H.M. Stationery Office, and the cost (including the cost of copies for distribution), which will be additional to the above fees, will be payable therewith to the
Clerk of Teinds, who shall collect same on behalf of H.M. Stationery Office. 46. Amending teind rolls or making alterations under order from the Court (same
charge as for preparing teind rolls). 47. Apportionment of expenses among heritors (same charge as for apportionment
of expenses No. 26). 48. Entry in teind roll of redemption of standard charge 49. Entry in teind roll of change of ownership of lands over which a standard
charge has been constituted 50. Entry in teind roll of allocation of standard charge (58. in respect of first five
entries in an allocation and ls. in respect of each additional entry). 51. Entry in teind roll of redemption of stipend 52. Excerpt from teind roll, per sheet figs. 53. Certifying excerpt, one sheet
Lodging valuer's certificate
0 5 0
0 5 0
charge as extract decrees of valuation No. 37).
0 10 0 1 0 0 1 0 0