Wick Burgh Extension Provisional Order [1902] UKHL 882_1 (28 July 1902)

Wick Burgh Extension Provisional Order [1902] UKHL 882_1 (28 July 1902)

The Commissioners held that the preamble of the Order was proved, provided a clause was inserted to protect the county's financial interests, thus allowing the extension subject to financial adjustment safeguards.

Citation
[1902] UKHL 882_1
Parties
Promoter: Magistrates and Town Council of Wick; Promoter: Town Council of Pulteneytown; Promoter: Wick and Pulteneytown Harbour Trustees; Objector: County Council of Caithness; Objector: G. A. O. Green, Town-Clerk, Pulteneytown
Jurisdiction
United Kingdom
Judgment Date
28 July 1902
Procedural Posture
Private Legislation Procedure / Provisional Order Hearing Before Commissioners
Outcome
preamble of the Order proved conditionally
Legal Topics
Extension of Burgh Boundaries, Provisional Orders, Financial Adjustment Between Local Authorities
Local Government Law Administrative Law Extension of Burgh Boundaries Provisional Orders Financial Adjustment Between Local Authorities

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Parties

Magistrates and Town Council of Wick

Promoter

Town Council of Pulteneytown

Promoter

Wick and Pulteneytown Harbour Trustees

Promoter

County Council of Caithness

Objector

G. A. O. Green, Town-Clerk, Pulteneytown

Objector

Procedural Posture

Private Legislation Procedure / Provisional Order Hearing Before Commissioners

Legal Issues

  1. 1 Whether the extension of the Burgh of Wick to include harbour and county land is competent under a Provisional Order
  2. 2 Whether financial adjustment between burgh and county must be protected
  3. 3 Whether statutory procedures under the Police Act 1892 preclude such extension by private legislation

Ratio Decidendi

The Commissioners held that the preamble of the Order was proved, provided a clause was inserted to protect the county's financial interests, thus allowing the extension subject to financial adjustment safeguards.

Court Disposition

preamble of the Order proved conditionally

Orders

  • Insertion of a clause adequately protecting the interests of the county of Caithness in respect of any necessary financial adjustment