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(Before
The Burgh of Oban promoted this Order for the repeal of section 61 of the Oban Burgh Act of 1881 in respect of payments made to the County Council of Argyll and the Lorn District Committee of the Council for increase of the public health and police burgh general assessments and for other purposes. Until 1843 the roads and streets in the burgh of Oban were vested in and maintained by the County Council. In 1843 the charge and management of the roads and streets in the burgh were transferred to the burgh, though the assessments continued to be made by the County Council, two-thirds of the proceeds of the assessments on property within the burgh being passed over to the burgh for road purposes. This arrangement was continued by the Argyllshire Roads Act 1864. In 1881 the Burgh of Oban Act vested the roads and streets in the burgh in the Burgh, and transferred the power of assessment for road purposes on property within the burgh to the Police Commissioners of the Burgh, but provided that the burgh should pay to the county an annual sum which, failing agreement, was to be adjusted by the Sheriff. The promoters sought to be freed from this annual payment.
After evidence the preamble was proved and clauses adjusted.
Counsel for the Burgh of Oban (Promoting)— Macmillan, K.C.— Gentles. Agents— Alexander S. Black, Town-Clerk, Oban— Macpherson & Mackay, W.S., Edinburgh.
Counsel for the County Council of Argyll and their Lorn District Committee (Objecting)—Dean of Faculty (Constable, K.C.)— Patrick. Agents— Alexander S. Bennet, Solicitor, Dunoon— Beveridge & Company, Parliamentary Agents, Westminster— J. & F. Anderson, W.S., Edinburgh.
Solicitors: Agent for Lieut-Colonel Alexander James MacDougall of MacDougall (Objecting, Appearance Reserved)— Andrew P. Melville, W.S., Edinburgh.