Paterson and Others v Magistrates of St Andrews and Others: HL 12 Jul 1881

Burgh – Administration of Common Good by Magistrates – Road
Held (aff. judgment of Court of Session) that the magistrates of a burgh who held certain ground for the recreation of the public were within their rights of administration in constructing a macadamised road for public use over a part of that ground, it being proved that the road did not interfere with such forms of public recreation as were in use to be practised thereon; but that it was not within the power of the magistrates to alienate the solum of the said road, or to suffer the commissioners of police or any other body to acquire rights of administration over it, and judgment of Court of Session altered so as to ensure this condition.
No expenses allowed to a party who had been successful as appellant in upholding the judgment of the Court of Session, in respect that an important qualification was adjected to that judgment by the House of Lords.

Judges:

Lord Chancellor Selborne, Lords Blackburn and Watson

Citations:

[1881] UKHL 728, 18 SLR 728

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 04 July 2022; Ref: scu.636798