United Kingdom House of Lords Decisions

Subject_Provisional Order — Burgh — Harbour — Statutory Undertaking now Derelict — Cancellation of Debt. Headnote:

The Corporation of Paisley promoted this Order to acquire on terms the undertaking of the Cart Navigation Trustees. That undertaking, begun in 1787, had had a consistently unfortunate history, culminating in the appointment at the instigation of its creditors of a judicial factor in February 1904, his failing to make revenue meet expenditure or to effect a sale, and his obtaining from the Court of Session his discharge in 1915, since when the undertaking had been derelict. Besides the harbour of Paisley with any works there, and the navigable cut course of the Cart from there to the Clyde, the undertaking included an important swing bridge at Inchinnan carrying the main road from Glasgow to Greenock. This bridge restricted the span of the waterway to 48 feet, the depth nominally being 17 feet, and it was in a bad state of repair, threatening to give way. The undertaking had originated with Paisley, and that city had always been closely connected with it through all the various changes in the constitution of the governing body of the undertaking. At the present time, however, the only portion which interested the Corporation was the Inchinnan swing bridge. There were three shipbuilding firms in Paisley, and the narrowness of the waterspan at the bridge restricted their industry; the collapse of the bridge into the waterway would make it impossible. The shipbuilders were therefore interested, as were also the County Council of Renfrewshire, on one of whose main roads the bridge was, the burgh of Renfrew within which it was, and the Ministry of Transport. Agreement had been come to between these interested parties that there should be erected a new swing bridge with a waterspan of 90 feet, a roadway 30 feet wide as against 14, and a carrying capacity of 30 tons as against 3. The estimated cost of this was £54,000, which was to be contributed, by Paisley £23,500, by the shipbuilders £14,000, by the County Council of Renfrewshire £7750, by the burgh of Renfrew £1000, and by the Ministry of Transport £7750. The agreement was scheduled to the Order, and the carrying of it out was, as explained by the promoters, its true object. Paisley, however, was willing to take over the whole undertaking of the Navigation Trustees, but that only on the cancellation of all its debts, paying about £4000 for moveable assets, &c., and it made this proposal to get over any difficulty in carrying out the agreement.

The Order was opposed by the Edinburgh District Branch of the Ancient Order of Foresters' Friendly Society and others, who were creditors of the Navigation Trust, on the ground that Paisley was proposing to acquire a valuable undertaking without paying for it, at their expense, and by their practical elimination.

During the course of the inquiry it was twice intimated by the Commissioners that their view was that the parties should come to some agreement. This, however, was not effected, counsel for the objectors being unauthorised to accept the sum offered for the undertaking, and unable to accept a clause preserving to the creditors a right to any surplus revenue after the expenses of running the undertaking with any sinking fund had been deducted, inasmuch as such surplus would or might be required to be devoted to the reduction of the dues. It was intimated, however, that in this state of matters the promoters proposed to restrict the Order to the erection of the new Inchinnan swing bridge, and if this were done objection would be withdrawn.

Page: 786↓

The Commissioners found the preamble of the Order (so amended) proved.