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United Kingdom House of Lords Decisions |
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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> IV. Glasgow Corporation Order [1912] UKHL 1054 (26 March 1912) URL: http://www.bailii.org/uk/cases/UKHL/1912/49SLR1054.html Cite as: 49 ScotLR 1054, [1912] UKHL 1054 |
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Page: 1054↓
(tefore the
This Order was promoted by the Corporation of Glasgow for a number of purposes. Its main objects were to get powers with regard to (1) tramways, (2) city improvements, (3) supply of gas, (4) amendment of the Glasgow Police Acts as to traffic, advertising, and trading in the streets, and (5) varying the incidence of assessment for parks and statute labour purposes, which had formerly been borne by occupiers only, and was now proposed to be imposed on owners and occupiers equally.
The Order was opposed, as regards the extension of the Corporation's limits of gas supply, by the Busby and District Gas Company, and as to certain police provisions and change in the incidence of assessment, by various associations, firms, and individuals.
Small portions of the new tramway lines authorised by the Order were situated outside the city, and, in conformity with General Order 130, a clause was inserted in the Order providing that section 43 of the Tramways Act 1870 should apply to these tramways. That section provides that where tramways are constructed within the district of another local authority, that authority shall have right to purchase such tramways at a certain future time.
It was represented by the promoters that the local authorities concerned had no objection to the Corporation acquiring a permanent right to these portions of tramway, and that such an arrangement was in accordance with prior local legislation affecting the Glasgow tramway system. They accordingly moved the Commissioners to recommend that the clause in question should be struck out of the Order before its final confirmation by Parliament. The Commissioners were satisfied that such a recommendation should be made, and reported to that effect.
The Commissioners deleted from the Order certain provisions in excess of the general law relating to the prohibition and regulation of street trading, and they allowed a clause giving certain powers of control over vehicles or boards carried in the streets for advertising purposes.
After evidence had been led for the promoters and for various objectors to the Order, the Commissioners held the preamble proved, subject to the adjustment of certain clauses.
Counsel for the Promoters—Solicitor-General ( Anderson, K.C.)— Russell. Agent— John Lindsay, Town Clerk.
Counsel for the Busby and District Gas Company, Limited ( Objecting)— Cooper, K.C.— Paton. Agents— Carruthers, Gemmill, & M'Killop, Solicitors.
Counsel for the Glasgow Cartage Conference and Others ( Objecting)— Wilson, K.C.— Haldane. Agents— M'Clure, Naismith, Brodie, & Co., Solicitors.
Counsel for the Glasgow House-owners' Association, Limited, and Others ( Objecting)— Constable, K.C.— Keith. Agent— T. M. Stewart, Solicitor.
Counsel for the Glasgow and South-Western Railway Company ( Objecting)— Macmillan. Agent— Dr Murray, Solicitor.
Counsel for the Caledonian Railway Company ( Objecting)— Macmillan. Agent— H. R. Buchanan, Solicitor.
Counsel for the North British Railway Company ( Objecting)— Macmillan. Agent— James Watson, Solicitor.
Counsel for the Glasgow and Paisley Joint Line Committee and the Glasgow and Kilmarnock Joint Line Committee
Page: 1055↓
Counsel for the Street Vendors of Newspapers ( Objecting)— Gillon. Agents— Hamilton & Ballantine, Solicitors.
Counsel for the Scottish Co-operative Wholesale Society, Limited ( Objecting)— Gentles. Agents— Keyden, Strang, & Co., Solicitors.
Counsel for J. & W. Campbell & Co., and Others ( Objecting)— Crawford. Agents— M'Clure, Naismith, Brodie, & Co., Solicitors.
For the Glasgow Carting Contractors and Horse-owners' Association and Others ( Objecting)— Donald Mackay, Solicitor.
For the County Council of Lanark and the District Committees of the Lower and Middle Wards ( Objecting)— H. L. Fraser, Solicitor. Agent— Thomas Munro, County Clerk.
For the County Council of Renfrew and the District Committee of the Eastern District ( Objecting)— Patrick Spens, Solicitor. Agents— Hill & Hoggan, Solicitors.
For the Association of House Factors and Property Agents in Glasgow ( Objecting)— Guthrie Smith, Solicitor. Agents— Baird, Smith, Muirhead, & Guthrie Smith, Solicitors.
For the Glasgow Shipowners' Association, the Clyde Shipowners' Association, and Others ( Objecting)— James A. Mackenzie, Solicitor. Agents— Wright, Johnston, & Mackenzie, Solicitors.
For the Glasgow Sawmillers’ Association and Others ( Objecting)— Wearing, Solicitor. Agents— Wearing & Martin, Solicitors.
