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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duke of Argyll and Others, Petitioners [1896] ScotLR 33_731 (9 July 1896)
URL: http://www.bailii.org/scot/cases/ScotCS/1896/33SLR0731.html
Cite as: [1896] SLR 33_731, [1896] ScotLR 33_731
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SCOTTISH_SLR_Court_of_Session
Page: 731↓
Court of Session Inner House First Division.
Facts:
In a petition presented for a remit to the Sheriff to reconstitute a district board, which had been constituted in terms of the Salmon Fisheries (Scotland) Act 1862, but which had lapsed upon the expiry of the three years' term of office of the original members without a new board having been elected, the Court ordered intimation in the common form, and also to the Secretary for Scotland, and advertisement in certain newspapers.
The Duke of Argyll and others, being the upper and lower proprietors of salmon fishings within the district of the rivers Baa and Glencoilleadar, Mull, qualified in terms of the 18th section of the salmon fisheries (Scotland) Act 1862 (25 and 26 Vict. c. 97), presented a petition for a remit to the Sheriff of Argyllshire to reconstitute the District Board in the said district.
The petition proceeded upon the narrative that, while the Salmon Fisheries (Scotland) Amendment Act 1864 (27 and 28 Vict. c. 118), sec. 3, and the Salmon Fisheries (Scotland) Act 1868 (31 and 32 Vict. c. 123), sec. 3, made provision for the case where no District Board has been constituted under the Salmon Fisheries (Scotland) Act 1862 before the passing of these Acts, there was no statutory provision for the case, which had here arisen, of a Board which had been constituted lapsing through failure to call a meeting of proprietors within the triennial period prescribed by sec. 24 of the Act of 1862.
The prayer of the petition contained no clause craving an order for intimation and advertisement.
The petitioners referred to the cases of Campbells, March 17, 1883, 10 R. 819; and Brodie, January 23, 1884, 21 S.L.R. 309.
The Court pronounced an interlocutor ordering the petition “to be intimated on the walls and in the minute-book in common form, and also to Her Majesty's Secretary for Scotland, and to be advertised once in each of the Scotsman, Glasgow Herald, and Oban Times newspapers,” and appointing his Lordship and all parties interested, if so advised, to lodge answers within eight days.
Counsel for the Petioners— Burnet. Agent— James F. Mackay, W.S.