Baillie v Mackenzie
| Jurisdiction | Scotland |
| Judge | Lord Eldin. F. |
| Judgment Date | 06 July 1824 |
| Court | Court of Session (Inner House - Second Division) |
| Date | 06 July 1824 |
| Docket Number | No. 163. |
Lord Eldin. F.
Road.—
Mackenzie having commenced to lay the foundation of certain houses within thirty feet of the centre of the Shotts and Airdrie turnpike road, Sir W. Baillie and others, the trustees, presented a bill of suspension and interdict, on the ground that houses within that distance are prohibited by the local act for the management of that road. Mackenzie answered, that all local turnpike acts must be held to be superseded by the 4th Geo. IV. c. 49, which, although it does not expressly repeal the act in question, proceeds on the preamble, that ‘ it is of importance that oneuniform system should be adhered to in the laws for regulating the management and maintenance of turnpike roads,’ in Scotland; and declares, ‘ that all the enactments, provisions, matters, and things in this act contained, shall extend to all acts of Parliament now in force for making, & c. any turnpike road’ in Scotland; and that by this statute, houses, &c. are only prohibited within the distance of twenty-five feet from the centre of the road. The Lord Ordinary refused the bill, but the Court altered, and remitted to pass.
A clause in the general road act prohibiting buildings within twenty-five feet of the centre of the road, held not to repeal or supersede a prohibition in a local act against buildings within thirty feet from the centre.
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