Craig v. Campbell [1911] ScotLR 421 (01 February 1911)

Craig v. Campbell [1911] ScotLR 421 (01 February 1911)

The Sheriff’s jurisdiction to determine the limits of the street and the rights of the parties is not excluded by the Burgh Police (Scotland) Act 1903, especially where the Town Council has failed to perform its statutory duty. Private parties are entitled to have their patrimonial rights determined by the court in such circumstances.

Citation
[1911] ScotLR 421
Parties
Pursuer/respondent: Samuel Craig; Defender/appellant: John Campbell; Defenders (in Counter Action): Provost, Magistrates, and Town Council of the burgh of Loanhead
Jurisdiction
Scotland
Judgment Date
01 February 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session, Remit to Sheriff
Outcome
Appeal sustained; remit to Sheriff to proceed with the case.
Legal Topics
Jurisdiction of Sheriff, Statutory Duties of Town Councils, Width and Boundaries of Public Streets, Servitude Rights, Effect of Statutory Non Compliance
Property Law Local Government Law Civil Procedure Jurisdiction of Sheriff Statutory Duties of Town Councils Width and Boundaries of Public Streets Servitude Rights Effect of Statutory Non Compliance

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Parties

Samuel Craig

Pursuer/respondent

John Campbell

Defender/appellant

Provost, Magistrates, and Town Council of the burgh of Loanhead

Defenders (in Counter Action)

Procedural Posture

Civil Appeal / Appeal From Sheriff to Court of Session, Remit to Sheriff

Legal Issues

  1. 1 Does the Burgh Police (Scotland) Act 1903 exclude the Sheriff’s jurisdiction to determine the width/boundary of a street when the Town Council fails to perform its statutory duty?
  2. 2 Can private parties have their patrimonial rights determined by the court in the absence of statutory compliance by the Town Council?

Ratio Decidendi

The Sheriff’s jurisdiction to determine the limits of the street and the rights of the parties is not excluded by the Burgh Police (Scotland) Act 1903, especially where the Town Council has failed to perform its statutory duty. Private parties are entitled to have their patrimonial rights determined by the court in such circumstances.

Court Disposition

Appeal sustained; remit to Sheriff to proceed with the case.

Orders

  • Remit to the Sheriff to proceed with the case in ordinary form.