Scottish Court of Session Decisions

Subject_1Public Health (Scotland) Act (30 and 31 Vict. cap. 101), sec. 97
Subject_2Board of Supervision
Subject_3Petition and Complaint
Subject_4Procedure where Local Authority makes No Appearance.
Facts:

In this case Mr James H. Barbour, C.E., in terms of the remit of 28th February, presented a report to the Court containing a scheme for procuring a sufficient and suitable supply of water for the burgh of Lochmaben, to which the local authority lodged no objections. The Board of Supervision intimated that they had resolved not to enforce the introduction of a new drainage scheme in the meantime.

The Court—following the case of The Board of Supervison v. The Local Authority of Linlithgow, 1889 (unreported)—pronounced this interlocutor:—“Having resumed consideration of the petition and proceedings, with the report of Mr James H. Barbour, C.E., and heard counsel for the petitioners, Ordain the respondents, the local authority of the burgh of Lochmaben, to execute the work necessary for the introduction of a suitable water supply into the burgh in terms of the report (Bankhead scheme), and that at the sight and to the satisfaction of James H. Barbour, and decern; remit to Mr Barbour to see the works properly

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executed, and to report to the Court; quoad ultra continue consideration of the petition.”