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Conveyancing (Scotland) Act 1874

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This is the original version (as it was originally enacted).

20Commutation of carriages and services by agreement; or by sheriff

Where carriages and services, or any of them, exigible by the superior, shall, for any period of five years, have been commuted to an annual money payment by agreement between the parties, whether reduced to writing or not, and whether express or implied from the conduct or actings of parties, and have not thereafter been exacted and performed, the said annual payment shall thereafter be deemed to be the value in all time coming of such carriages and services respectively, and the superior shall be bound to accept the same in lieu of such carriages and services respectively :

With respect to carriages and services which have not been so commuted, it shall be competent to either party to apply to the sheriff within whose jurisdiction the lands lie to determine summarily the annual value thereof, and the determination of the sheriff shall be final and not subject to review, and the superior shall be bound thereafter to accept of the annual sum so determined in lieu of such carriages and services.

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