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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Hamilton and Others v. Nisbet [1907] UKHL 392 (13 March 1907)
URL: http://www.bailii.org/uk/cases/UKHL/1907/44SLR0392.html
Cite as: 44 ScotLR 392, [1907] UKHL 392
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SCOTTISH_SLR_House_of_Lords
Page: 392↓
House of Lords.
(Before the
v.
( Ante, July 19, 1905, 42 S.L.R. 781, and 7 F. 1034; vide also Caledonian Railway Company v. Glasgow Corporation, infra.)
Subject_Burgh — Police — Street — Building Regulations — “Width” of Street — Glasgow Building Regulations Act 1900 (63 and 64 Vict. cap. cl), secs. 20 and 21.
Facts:
The Glasgow Building Regulations Act 1900 confers in certain events power (section 20) on the Master of Works, and on appeal from him (section 21) on the Dean of Guild, to fix the “width” of a street.
Held ( aff. judgment of the Court of Session) that the only width which the Master of Works, or, on appeal, the Dean of Guild, was empowered to fix was the actually existing width of the street.
This case is reported ante ut supra, and was heard with the immediately following case of the Caledonian Railway Company v. Glasgow Corporation.
Nisbet, the respondent in the Court of Session, appealed to the House of Lords.
At delivering judgment—
Appeal dismissed with costs.
Counsel for the Respondents (Appellants in the Court of Session)— Clyde, K.C.— Hunter, K.C. Agents— Kerr & Barrie, Maclay, Murray, & Spens, James Hutcheson & Sons, Glasgow—Auld & Macdonald, W.S., Edinburgh — Grahames, Currey, & Spens, Westminster.
Counsel for the Appellant (Respondent in the Court of Session)—The Lord Advocate (Shaw, K.C.)—The Dean of Faculty (Campbell, K.C.)— M. P. Fraser. Agents— Campbell & Smith, S.S.C., Edinburgh—Martin & Leslie, Westminster.