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Sheep Stocks Valuation (Scotland) Act 1937(repealed 25.9.1991)

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Change 1

What to do with it
As published

2 Submission of questions of law for decision of sheriff.

(1) In any arbitration in pursuance of a lease entered into after the passing of this Act as to the price or value of sheep stock to be taken over at the termination of the tenancy by the landlord or incoming tenant, the arbiter may, at any stage of the proceedings and shall, if so directed by the sheriff (which direction may be given on the application of either party) submit, in the form of a stated case for the decision of the sheriff, any question of law arising in the course of the arbitration. (2) The decision of the sheriff on any question submitted in pursuance of the foregoing subsection shall be final unless within such time, and in accordance with such conditions, as may be prescribed by Act of Sederunt, either party appeals to the Court of Session, from whose decision no appeal shall lie. (3) Where any question is submitted in pursuance of subsection (1) of this section for the decision of the sheriff, and the arbiter is satisfied that, whatever the decision on the question may be, the sum ultimately to be found due will be not less than a particular amount, it shall be lawful for the arbiter, pending the decision of such question, to make an order directing payment to the outgoing tenant of such sum, not exceeding that amount, as the arbiter may think fit, to account of the sum that may ultimately be awarded.

Your change, as a redline

2 Submission of questions of law for decision of sheriff.

(1) In any arbitration in pursuance of a lease entered into after the passing of this Act as to the price or value of sheep stock to be taken over at the termination of the tenancy by the landlord or incoming tenant, the arbiter may, at any stage of the proceedings and shall, if so directed by the sheriff (which direction may be given on the application of either party) submit, in the form of a stated case for the decision of the sheriff, any question of law arising in the course of the arbitration. (2) The decision of the sheriff on any question submitted in pursuance of the foregoing subsection shall be final unless within such time, and in accordance with such conditions, as may be prescribed by Act of Sederunt, either party appeals to the Court of Session, from whose decision no appeal shall lie. (3) Where any question is submitted in pursuance of subsection (1) of this section for the decision of the sheriff, and the arbiter is satisfied that, whatever the decision on the question may be, the sum ultimately to be found due will be not less than a particular amount, it shall be lawful for the arbiter, pending the decision of such question, to make an order directing payment to the outgoing tenant of such sum, not exceeding that amount, as the arbiter may think fit, to account of the sum that may ultimately be awarded.

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