Barony Parish Road Trustees v Glasgow Water-Works Commissioners
| Jurisdiction | Scotland |
| Judgment Date | 13 November 1868 |
| Date | 13 November 1868 |
| Docket Number | No. 35 |
| Court | Court of Session (Inner House - Second Division) |
Ld. Barcaple. R.
Road—Property—Statute-Labour Assessment.—
THE Statute-Labour Road Trustees of the Barony Parish of Glasgow raised this action against the commissioners under the ‘Glasgow Corporation Water-Works Act, 1855,’ concluding for declarator that the defenders were liable, both as owners and occupiers, in payment of the assessment imposed for the year ending Whitsunday 1867, and assessments to be imposed in future for the maintenance and repair of the public roads and thoroughfares commonly called statute-labour roads, situated within the landward district of the Barony Parish of Glasgow, and under the charge of the pursuers, on all lands, buildings, and other heritable subjects not specially exempted from assessment, situated within the said landward district of the said parish, belonging to or possessed by the defenders, and on the rents and profits thereof, including in said lands and other heritable subjects the ground in the streets, lanes, closes, and all other grounds used and occupied by the defenders' aqueducts, works, and water-pipes, and the said aqueducts and water-pipes themselves, and that rateably along with the owners and occupiers of other lands, under the 13th and relative clauses of 8th and 9th Vict. c. 41 (the General Statute-Labour Act), and that the defenders should be ordained to make payment of £22, 11s. 4d. (being the assessment for the year ending Whitsunday 1867).
Until 1866 the Statute-Labour Road Trustees had imposed the assessment according to the Local Act, 47 Geo. III. c. 45, which was levied as a poll-tax; but in that year they adopted the General Statute-Labour Act, which, by sec. 13, gave power to levy the assessment ‘upon all lands, buildings, and other heritable subjects not hereinbefore exempted from assessment, or to be added to the sums otherwise assessable by any local Act, and that notwithstanding the rate of assessment should be thereby raised above the maximum amount authorised by such local Act; and all such sums so assessed or added shall be levied and applied in the same manner as the money might have been levied and applied in lieu of which the said sums are assessed; and all such, sums shall be payable one-half by the owners and the other half by the occupiers of the lands, buildings, or other heritable subjects so assessed.’ They averred that the yearly rent or value of the subjects liable to be...
To continue reading
Request your trial
-
Heritors of Strathblane v Corporation of Glasgow
...of the portions of the streets occupied by their rails; and in Barony Parish Road Trustees v. Glasgow Water-Works CommissionersUNK, 7 Macph. 106, the predecessors of the defenders were held liable on the same principle for statute-labour assessment in respect of their subterranean ‘But the ......
-
Edinburgh and Leith Gas Commissioners v Assessor for Edinburgh
...R. 80. 4 1895, 32 S. L. R. 518. 5 1907, S. C. 751. 1 1883, 11 R. 390. 2 1884, 12 R. 3. 3 1850, 12 D. 1240, aff. 1854, 1 Macq. 682. 4 1868, 7 Macph. 106. 5 1874, 1 R. 947. 6 1899, 1 F. 523, aff. 2 F. (H. L.) 25. 7 Edinburgh Parish Council v. Assessor for EdinburghSC, 1906, 8 F. 521. 1 1907, ......