The Company had constructed a jetty under powers granted by a private Act of Parliament. It asserted a claim to own the subsoil.
Held: It did so own the sub-soil and had the right under the statute to control who used the jetty.
Citations:
[1929] 144 LT 132, 95 JP 9, 47 TLR 16, 29 LGR 22
Citing:
Cited – Liverpool and North Wales SS Co Ltd v Mersey Trading Co 1908
A company was authorised by Order to construct a pier and to charge vessels for mooring. It did so but went into liquidation. The assignee from the liquidator discovered that the pier had not been constructed as ordered. It leased the pier to the . .
See Also – Bournemouth-Swanage Motor Road and Ferry Co v Harvey and Sons CA 1929
In construing a private statute, it should be viewed so as not to prevent persons carryong out otherwise lawful acts unless expressly so stated.
Scrutton LJ said that clear and unequivocal words were necessary to deprive persons of the power . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 15 May 2022; Ref: scu.272211
