Marquis of Linlithgow and Young's Paraffin Light and Mineral Oil Co., Ltd v. North British Railway Co. [1912] ScotLR 804 (11 June 1912)

Marquis of Linlithgow and Young's Paraffin Light and Mineral Oil Co., Ltd v. North British Railway Co. [1912] ScotLR 804 (11 June 1912)

Oil shale was not regarded as a mineral in the vernacular of the mining and commercial world or by landowners in 1818, and therefore was not reserved as a mineral under the 1817 Act; consequently, the pursuers are not entitled to compensation for being prevented from working oil shale under or near the canal.

Citation
[1912] ScotLR 804
Parties
Pursuer: Marquis of Linlithgow; Pursuer: Young's Paraffin Light and Mineral Oil Company, Limited; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
11 June 1912
Procedural Posture
Civil Declarator and Compensation Action / Inner House, First Division, Post Proof, Final Judgment
Outcome
Action dismissed; defenders assoilzied (absolved) from all conclusions; defenders awarded expenses.
Legal Topics
Mines and Minerals, Support of Land, Statutory Compensation, Definition of Minerals, Canal and Railway Undertakings
Property Law Mining Law Statutory Interpretation Mines and Minerals Support of Land Statutory Compensation Definition of Minerals Canal and Railway Undertakings

Case Brief

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Parties

Marquis of Linlithgow

Pursuer

Young's Paraffin Light and Mineral Oil Company, Limited

Pursuer

North British Railway Company

Defender

Procedural Posture

Civil Declarator and Compensation Action / Inner House, First Division, Post Proof, Final Judgment

Legal Issues

  1. 1 Whether oil shale is a 'mineral' within the meaning of the Union Canal Act 1817 for purposes of reservation and compensation.
  2. 2 Whether the canal company is entitled to support for the canal and must compensate for minerals left unworked.
  3. 3 Whether the relevant date for determining the meaning of 'mineral' is 1818 (date of purchase/entry) or 1862 (date of conveyance).

Ratio Decidendi

Oil shale was not regarded as a mineral in the vernacular of the mining and commercial world or by landowners in 1818, and therefore was not reserved as a mineral under the 1817 Act; consequently, the pursuers are not entitled to compensation for being prevented from working oil shale under or near the canal.

Court Disposition

Action dismissed; defenders assoilzied (absolved) from all conclusions; defenders awarded expenses.

Orders

  • Assoilzies the defenders from the first conclusion of the summons in so far as relating to the seams of shale or oil shale under the canal, and quoad ultra dismisses said conclusion.
  • Dismisses the second and third conclusions of the summons, and assoilzies the defenders from the fourth conclusion thereof and decerns.