The proprietor of a ferryboat may, upon rational considerations, heighten the accustomed fare.
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Scott of Rossie having a right to a ferry upon the river of South Esk, opposite to the town of Montrose, found it necessary, upon the increase of wheel-machines, and upon other rational considerations, to heighten the accustomed fare. And for that end he applied to the quarter sessions, and obtained their authority to exact the several sums contained in a table laid before them. A bill of suspension, offered for the Town of Montrose, being refused by the Ordinary, the matter was brought before the Court by petition, which, with the answers, being advised, the Court were pretty unanimous in the following points; 1mo, That the grant of a ferry implies a power of imposing a duty pro opere; 2do, That a ferry is a patrimonial right upon which moderate profits may be made; 3tio, If exorbitant duties are laid on, they may be regulated by the justices, to whom the inspection of ferries, as well as of highways, is committed.
‘Upon the whole, the duties in this case were not reckoned exorbitant; and, therefore, the Court was of opinion, that the Ordinary did right in refusing the bill.’
