City of Edinburgh v. Midlothian County Council [1911] ScotLR 1016 (12 July 1911)

City of Edinburgh v. Midlothian County Council [1911] ScotLR 1016 (12 July 1911)

The statutory powers granted to road authorities to search for, dig, and carry away materials are not territorially limited by subsequent municipal boundary changes or local acts, provided statutory conditions (including compensation) are met. Exemptions for public parks or 'policy' lands do not extend to the right of transit unless expressly stated. The power to use mechanical apparatus is confined to the interior of the quarry and does not authorize construction of a tramway or similar apparatus outside the quarry.

Citation
[1911] ScotLR 1016
Parties
First Parties (applicant): City of Edinburgh; Second Parties (respondent): Midlothian County Council
Jurisdiction
Scotland
Judgment Date
12 July 1911
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Stated Case
Outcome
First and second questions of law answered in the affirmative; third question answered in the negative; court decerned accordingly.
Legal Topics
Statutory Interpretation, Powers of Road Authorities, Exemptions for Public Parks, Use of Mechanical Apparatus in Quarries, Jurisdictional Limits After Boundary Changes
Administrative Law Property Law Local Government Law Statutory Interpretation Powers of Road Authorities Exemptions for Public Parks Use of Mechanical Apparatus in Quarries Jurisdictional Limits After Boundary Changes

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Parties

City of Edinburgh

First Parties (applicant)

Midlothian County Council

Second Parties (respondent)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Stated Case

Legal Issues

  1. 1 Whether the County Council could lawfully search for, dig, and carry away stone from the Mortonhall lands now within city boundaries under the General Turnpike Act 1831 and Roads and Bridges (Scotland) Act 1878.
  2. 2 Whether the County Council could lawfully carry materials obtained from Mortonhall lands through Blackford Hill lands owned by the City of Edinburgh.
  3. 3 Whether the County Council could lawfully construct and operate a tramway or mechanical apparatus outside the quarry under section 26 of the Local Government (Scotland) Act 1908.

Ratio Decidendi

The statutory powers granted to road authorities to search for, dig, and carry away materials are not territorially limited by subsequent municipal boundary changes or local acts, provided statutory conditions (including compensation) are met. Exemptions for public parks or 'policy' lands do not extend to the right of transit unless expressly stated. The power to use mechanical apparatus is confined to the interior of the quarry and does not authorize construction of a tramway or similar apparatus outside the quarry.

Court Disposition

First and second questions of law answered in the affirmative; third question answered in the negative; court decerned accordingly.

Orders

  • County Council entitled to search for, dig, and carry away stone from Mortonhall lands within city boundaries.
  • County Council entitled to carry materials obtained from Mortonhall lands through Blackford Hill lands.