The North British Railway Act 1913, sec. 41, enacts – ‘And whereas lands have from time to time been purchased or acquired by the company, the Forth Bridge Railway Company, and by joint committees incorporated by Act of Parliament or Order on which the company may be represented, adjoining to or near to railways or stations belonging to the company or the Forth Bridge Railway Company, or belonging to or worked or managed by such joint committees, but such lands are not immediately required for the purposes of the undertaking of the company or of the Forth Bridge Railway Company or of such joint committees, as the case may be, and it is expedient that further powers should be conferred upon the company and the Forth Bridge Railway Company, and such joint committees respectively, with respect to such lands: Therefore, notwithstanding anything contained in the Lands Clauses Consolidation (Scotland) Act 1845, or in any Act or Order relating to the company or the Forth Bridge Railway Company, or any such joint committees with which that Act is incorporated, the company or the Forth Bridge Railway Company or any such joint committees shall not be required to sell or dispose of any such lands or any lands acquired under the powers of this Act which may not be immediately required for such purposes but may retain, hold or use, or may lease or otherwise dispose of the same in consideration of such rent or on such other terms as the company or committee exercising the said powers may think fit.’
The North British Railway Company brought an action against the defender for a declarator that he had no right or title to object to their letting certain lands to a certain coal company for the purpose of sinking and working a new coal pit. Held ( rev. judgment of the First Division) that inasmuch as the above-quoted section applied to the lands, if superfluous, the company was entitled to the declarator asked.
Opinions that the company might not only let but sell the lands to which the section applied.
Judges:
Lord Chancellor (Finlay), Viscount Haldane, Lord Dunedin, Lord Atkinson, and Lord Parmoor
Citations:
[1917] UKHL 102, 55 SLR 102
Links:
Jurisdiction:
Scotland
Land
Updated: 17 July 2022; Ref: scu.631016
