Scottish Court of Session Decisions

This was a note of suspension and interdict presented by the Caledonian Railway Company, now proprietors of the Forth and Clyde Canal, and by certain parties, owners of vessels trading to and from the canal, or the harbour at Bowling connected with it, to have the respondents interdicted “from charging and levying any portion of the harbour rates or dues specified in the first three sections or clauses of Schedule (G) of the Act 21 and 22 Victoria, cap. 149, upon the complainers' vessels using the river Clyde in trading to and from the Forth and Clyde Canal and Harbour at Bowling, but not arriving at or departing from the Harbour of Glasgow; or at all events to interdict, prohibit, and discharge the respondents from charging and levying such rates, or any portion thereof, upon the complainers' vessels trading to and from said canal and inner basin thereof, and using only the third or lowermost stage of the Clyde Navigation, being that portion of the river extending from the mouth of the Dalmuir Burn to the Castle of Newark.”

The various Acts relating to the river Clyde and Harbour of Glasgow were consolidated and amended by 21 and 22 Victoria, cap. 149. By section 97, certain rates specified in Schedule (G) annexed to the Act were imposed, “subject to the provisions of this Act,” on and in respect of all vessels entering or using the river or harbour. By the 98th section certain other rates were authorised to be levied on all goods shipped or unshipped in the river or harbour. And by the 99th section the river was divided into three stages, as in a previous Act” the third or lowermost stage extending from the mouth of the Dalmuir Burn to the Castle of Newark, within which limits the junction of the Forth and Clyde Canal with the river Clyde is situated. The first three clauses of Schedule (G) authorise the charging of rates upon all vessels “arriving at or departing from the harbour of Glasgow;” and the complainers, insisting on the alternative part of their prayer, maintained that dues were not exigible from their vessels coming to and from the harbour of the Forth and Clyde Canal, as these vessels could not be said to be “arriving at or departing from the harbour of Glasgow;” and as the Act imposes rates on vessels “entering or using the river” and not liable for the above rates.

The Lord Ordinary ( Jerviswoode) gave effect to this contention of the complainers, and granted the interdict.

The respondent reclaimed.

Dean of faculty and Watson for them.

Solicitor-General and Johnstone in answer.