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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thom (Clerk to Police Commissioners of Linlithgow) v. Petitioner [1887] ScotLR 24_318 (2 February 1887)
URL: http://www.bailii.org/scot/cases/ScotCS/1887/24SLR0318.html
Cite as: [1887] ScotLR 24_318, [1887] SLR 24_318
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SCOTTISH_SLR_Court_of_Session
Page: 318↓
Court of Session Inner House First Division.
v.
Facts:
In a petition presented by the clerk to the commissioners of police of a burgh constituted under the General Police and Improvement (Scotland) Act 1862, the Court granted authority to sell by public roup part of the burgh property acquired by the commissioners under section 125 of the said Act.
John Thom, Clerk to the Commissioners of Police of the burgh of Linlithgow, presented this petition, in which he averred that the Royal Burgh of Linlithgow was also a burgh constituted under the General Police and Improvement (Scotland) Act 1862 (25 and 26 Vict. c. 101) and the General Police and Improvement (Scotland) Act 1868 (31 and 32 Vict. c. 102); that under section 125 of the first recited Act the Commissioners had in 1877 purchased certain heritable subjects; that these had since that date been partly let to tenants and partly used as a fire-engine house and lamp store, and that the Commissioners were desirous to obtain power to sell the same.
He further averred that the statutes referred to contained no general power of sale, and that the powers of sale specially conferred by sections 161 and 373 of the Act of 1862 would not authorise a sale of the subjects in question, and referred to the petition of Alexander Tait, Clerk to the Commissioners of Police of the burgh of Grangemouth, 1st July 1884 (not reported), in which warrant to sell the old Town Hall of Grangemouth by public roup had been granted.
The petitioner accordingly prayed for authority to sell, by private bargain, that portion of the subjects not required for the purposes of the Commissioners.
The Court, on the petition being amended so as to embrace an alternative prayer for warrant to sell the subjects in question by public roup, granted warrant to sell by public roup.
Counsel for Petitioner— Wilson. Agent— Petitioner.