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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> The Lord Provost, Magistrates, and Town Council of the City of Edinburgh v. Her Majesty's Principal Secretary of State for the War Department [1862] UKHL 4_Macqueen_447 (23 February 1862)
URL: http://www.bailii.org/uk/cases/UKHL/1862/4_Macqueen_447.html
Cite as: [1862] UKHL 4_Macqueen_447
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SCOTTISH_HoL
Page: 447↓
(1862) 4 Macqueen 447
REPORTS OF CASES ARGUED AND DETERMINED in The house of Lords.
No. 23.
v.
For time beyond which the memory of man runneth not to the contrary, the Castle of Edinburgh has been the property of the Crown.
At the bottom of the Castle rock there is a piece of land attached to the Castle, and on the north side of it. This piece of land had been left open for the use and recreation of the public till the year 1818, when, with certain other land adjacent, belonging to the magistrates of Edinburgh, it was inclosed, and the whole was converted into what are now called the Princes Street Gardens.
The question in the present case was one of fact as to the boundary of the Crown land thus appropriated; for it so happened that in laying out the Princes Street Gardens no care had been taken to preserve the dyke (a) which had previously existed, and which had served to distinguish and separate the property of the Crown from the property of the magistrates.
This case cannot with propriety be reported, because no point of law was involved in it, and the judgment of the Court of Session was affirmed, and the Appeal from that judgment dismissed by the House with costs.
Counsel: Mr. Rolt and Sir Hugh Cairns were of Counsel for the Appellants.
The Lord Advocate (b) and Mr. Giffard for the Respondents.
_________________ Footnote _________________
( a) “Dyke,” which in England means a ditch, in Scotland means a wall.
( b) Mr. Moncreiff.
Page: 448↓
The Lord Chancellor (a), Lord Cranworth, and Lord Chelmsford delivered their opinions at considerable length, and the effect of the judgment is that the boundary which separates the Crown property from the property of the magistrates of Edinburgh, and which has received the sanction of the Court of Session, is now, by the affirmance of the House of Lords, rendered unimpeachable.
_________________ Footnote _________________
( a) Lord Westbury.
Solicitors: Maitland & Graham— Solicitor to the War Department— Walmisley.