United Kingdom House of Lords Decisions

Subject_Private Legislation Procedure — Provisional Order — Extension of Burgh — Inclusion of Part of Area of County — Competency — Financial Adjustment as between Burgh and County. Headnote:

A Provisional Order was promoted by the Magistrates and Town Council of Wick, the Town Council of Pulteneytown, and the Wick and Pulteneytown Harbour Trustees, for the extension of the Burgh of Wick, so as to include in the burgh the harbour of Wick and an area of ground which previously had formed part of the county of Caithness.

Counsel for the County Council of Caithness objecting, intimated that they did not oppose the preamble in so far as it provided that the harbour should belong to the burgh. They submitted that while the application for the extension of the burgh over the harbour—the harbour being regulated by statutes—was one that could only

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be dealt with by Parliament, and was therefore appropriately before the Commissioners, the matter of the inclusion of the landward area proposed was in a different position. The Police Act of 1892 provided, under sections 11 and 12, that such extension of a burgh could be effected by application presented to the Sheriff. The Sheriff had means to lay off boundaries and see what was suitable. That was outside the province of a Commission of this kind. When the matter of how a burgh was to be extended was regulated and provided for by public law, and the parties concerned had a right not merely to an inquiry before the Sheriff, but also the statutory right of appealing to the Court of Session upon the matter—because that was specially given to the County Council—these rights should not be taken away under a private Act. The Magistrates of the burgh could go to the Sheriff when the Order was framed, and get the extension. The matter being amply provided for by ordinary judicial procedure and by a local inquiry by one who knows the spot, should not be dealt with in the Order.

The Chairman intimated that the Commissioners were of opinion that the preamble of the Order was proved, conditionally on the insertion of a clause adequately protecting the interests of the county of Caithness in respect of any financial adjustment which was necessary.