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Scottish Court of Session Decisions >>
Earl of Eglinton and Govan v Craig. [1776] Mor 13181 (8 August 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Mor3113181-022.html
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By the turnpike-act for repairing the roads leading to Glasgow, the trustees were authorised to build up, or repair by money, the damage done to the fences of proprietors, where they should be broken down by altering the course of the road. The fences of Mr Allison being demolished, the trustees empowered the overseer of the road to re-build them; who, for that purpose, proceeded to quarry stones from the ground of an adjacent farm of Lord Eglinton's. Of this procedure the tacksman and landlord both complained, by bill of suspension of a sentence of the Sheriff, who found, that the overseer and trustees had sufficient power, by implication from the terms of the statute. Urged for the complainers, That all laws which authorise encroachments on private property must be strictly interpresed; and as the statute does not per expressum warrant any such procedure as that complained against, it is therefore illegal and oppressive; the trustees, if they please, may purchase the stones, but they cannot take them at their own hand. The Lords passed the bill of suspension. See Appendix.
