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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Caledonian Railway Co. v. Glasgow Corporation [1907] UKHL 392_1 (13 March 1907) URL: http://www.bailii.org/uk/cases/UKHL/1907/44SLR0392_1.html Cite as: 44 ScotLR 392_1, [1907] UKHL 392_1 |
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Page: 392↓
(Before the
( Ante July 19, 1905, 42 S.L.R. 773, and 7 F.1020; vide also Nisbet v. Hamilton, supra.)
Subject_Process — Statutory Remedy — Action of Reduction Pending Statutory Appeal to Sheriff — Finality of Sheriffs Decision — Competency of Action of Reduction — Glasgow Building Regulations Act 1900 (63 and 64 Vict. cap. cl), sec. 9 (2) ( c).
The Glasgow Building Regulations Act 1900 provides for the preparation of a register of streets in which is to be set forth the “width” of the street, and section 9 (2) ( c) enacts—“Any proprietor who may be aggrieved by any entry in the register or omission therefrom … may within the said period of two months appeal to the Sheriff against the same. The Sheriff shall after the expiry of the said period of two months deal with any such appeal in a summary manner, and may order any entry in the register … to be deleted or altered … and his decision shall be final.”
A proprietor deeming himself aggrieved inasmuch as the “width” of the street opposite his property entered in the register was not the actually existing width of the street, brought
Page: 393↓
an action of reduction of the entry while also appealing to the Sheriff. Held, that the action of reduction, while competent, inasmuch as the proceedings complained of were ultra vires, must be dismissed as premature.
This case is reported ante ut supra, and was heard along with the immediately preceding case of Hamilton and Others v. Nisbet.
The Caledonian Railway Company, the pursuers, appealed to the House of Lords
At delivering judgment—
Appeal dismissed with costs.
Counsel for the Appellants (Pursuers)— Clyde, K.C.— Cooper, K.C.— King. Agents — H. B. Neave, Glasgow— Hope, Todd, & Kirk W.S., Edinburgh—Grahames, Currey, & Spens, Westminster.
Counsel for the Respondents (Defenders) — The Dean of Faculty (Campbell. K.C.)— M. P. Fraser. Agents— Campbell & Smith, S.S.C., Edinburgh—Martin & Leslie, Westminster.