No building can be erected upon the public streets of a town.
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The Murray-street of Montrose runs for about 1200 feet from north to south, and is of a great breadth, particulary at the south end it is 150 feet broad. At that end stands the church, an old town-hall, and a guard-house. The Magistrates resolved to erect a building in the front of these, facing down the street, which might be used as a town-hall, an assembly or concert-room, and the piazzas below might serve as an exchange, where merchants might walk, and where commodities might be exposed to sale, which are in danger of suffering by the injuries of the weather.
Brotherton presented a bill of suspension, and insisted, 1mo, That no building can be erected, or encroachment made on the public street of a town: That this was reckoned purpresture by our old law. 2do, That this building will come within nine feet of a house belonging to the suspender, will darken his windows, and make the entry to his house very inconvenient.
Answered; That this does not deserve the name of an encroachment upon the street: That it is only filling up an open area, which could not be better occupied than by a building, which must be so useful and ornamental to the town. To the second, That it can do little harm to the suspender's house; and a trifling private inconvenience ought not to be set up in opposition to the public good: That a case occurred in 1755, in the town of Aberdeen, similar to the present in all its circumstances: The Magistrates allowed the society of Free Masons to build a house for an inn and a mason-lodge, encroaching further on the street than in the present case, and within three feet of a house belonging to one Swinton: That he presented a bill of suspension, which was refused, and the house was accordingly built.
“The Lords suspended the building.”
Act. Wight.Alt. Burnett et Patrick Murray.
Fol. Dic. v. 4. p. 198. Fac. Col. No 85. p. 189.
