Section 43 of the Tramways Act 1870 provides:-‘Where the promoters of a tramway in any district are not the local authority, the local authority . . may . . by notice . . require such promoters to sell, and thereupon such promoters shall sell to them their undertaking, or so much of the same as is within such district, upon terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking, or any compensation for compulsory sale or other consideration whatsoever) of the tramway, and all lands, buildings, works, materials, and plant of the promoters suitable to and used by them for the purposes of their undertaking within such district . . ‘
Held that the words ‘within such district’ qualified the word ‘undertaking’ and not the words ‘lands . . promoters,’ and that accordingly a local authority acquiring a tramway undertaking under the above section was bound to pay the promoters the value of a depot suitable to and used by them in the undertaking, although not situated within the district of the local authority.
Judgment of Court of Appeal reversed.
Judges:
Lords Macnaghten, Robertson, and Lindley
Citations:
[1905] UKHL 573, 43 SLR 573
Links:
Jurisdiction:
England and Wales
Local Government
Updated: 26 April 2022; Ref: scu.621199
