XI. Perth Corporation Order [1908] UKHL 1008 (30 July 1908)

XI. Perth Corporation Order [1908] UKHL 1008 (30 July 1908)

The Commissioners found the preamble proved as to the burgh extension, subject to the inclusion of the entire estate of Cleeve, but not proved as regards the erection of the burgh into a county of a city, and held that existing law sufficed for milk and meat supply control, requiring deletion of those clauses from the Order.

Citation
[1908] UKHL 1008
Parties
Promoter: Perth Corporation; Objector: Mr F. N. Miller of Cleeve; Objector: Mr W. Macdonald of Woodlands; Objector: County Council of Perth
Jurisdiction
United Kingdom
Judgment Date
30 July 1908
Procedural Posture
Order Confirmation Hearing / Final Determination by Commissioners
Outcome
Order confirmed in part, with modifications
Legal Topics
Burgh Extension, Local Authority Powers, Public Health Acts, Jurisdiction Over Milk and Meat Supply
Local Government Law Administrative Law Public Health Law Burgh Extension Local Authority Powers Public Health Acts Jurisdiction Over Milk and Meat Supply

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Parties

Perth Corporation

Promoter

Mr F. N. Miller of Cleeve

Objector

Mr W. Macdonald of Woodlands

Objector

County Council of Perth

Objector

Procedural Posture

Order Confirmation Hearing / Final Determination by Commissioners

Legal Issues

  1. 1 Whether the extension of the Burgh of Perth to include parts of the county was justified
  2. 2 Whether the burgh should be erected into a county of a city
  3. 3 Whether the burgh should have extended powers over milk and dead meat supply beyond its boundaries

Ratio Decidendi

The Commissioners found the preamble proved as to the burgh extension, subject to the inclusion of the entire estate of Cleeve, but not proved as regards the erection of the burgh into a county of a city, and held that existing law sufficed for milk and meat supply control, requiring deletion of those clauses from the Order.

Court Disposition

Order confirmed in part, with modifications

Orders

  • Burgh extension approved, including entire estate of Cleeve
  • Erection into county of a city refused