BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom House of Lords Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Greenock Improvement Provisional Order [1919] UKHL 667_1 (08 August 1919) URL: http://www.bailii.org/uk/cases/UKHL/1919/56SLR0667_1.html Cite as: [1919] UKHL 667_1, 56 ScotLR 667_1 |
||
[New search] [Printable PDF version] [Help]
Page: 667↓
(Before
Subject_Provisional Order — Burgh — Improvement Scheme — Acquisition of Property — Church and Burial-Ground — Property not Required for the Burgh Improvement but for Shipbuilders with whom Scheme to be Carried Out.
Greenock Corporation and Greenock Harbour Trust promoted this Provisional Order for power to carry out a large improvement scheme, whereby a considerable amount of slum property was to be cleared away. The scheme had originated, and been shaped, with a large shipbuilding firm, who desired
Page: 668↓
to enlarge and reconstruct their yard. An old portion of the harbour was to be closed and part of it given to the firm, who had acquired a large amount of property already, and were to acquire more from the Corporation. Streets would require to be closed, and houses would require to be built elsewhere for the occupiers of the properties to be cleared, which were of a slum character. An ancient church and old burial-ground were situated amidst the other properties acquired and to be acquired, and the shipbuilding firm maintained that their acquisition also was necessary for the reconstruction and enlargement of the yard. The arrangement between the firm and the Corporation was conditional upon this. The arrangement was admittedly, financially a very good one for the Corporation, but lairholders, parties having relations buried in the burial-ground, and parties interested in James Watt, whose father and grandfather were buried there, and parties interested in Burns, whose Highland Mary was buried there, opposed the scheme because of the acquisition of the church and burial-ground. The promoters proposed to take power to acquire them, and an arrangement had been made between the congregation and the firm for the transfer of the church and the burial-ground which was not ungenerous. The objectors maintained that the leaving the church and burial-ground alone would not necessarily interfere with the enlargement and reconstruction of the yard, and even if it added to the expense or caused some inconvenience, such considerations, where it was merely a private dividend-earning concern which was in question, should not be given much weight. The Commissioners found the preamble proved.
Clauses were adjusted.
Counsel for Greenock Corporation and Greenock Harbour Trust ( Promoting)— Wilson, K.C.— Hon. Wm. Watson, K.C.— H. W. Beveridge. Agents— A. Nimmo, Town-Clerk, Greenock— John Cameron, Solicitor, Greenock— Neill, Clark, & Murray, Solicitors, Greenock— John Kennedy, W.S., Westminster— Beveridge & Company, Westminster.
Counsel for Burial-Ground Lair-owners and Others ( Objecting)— Macphail, K.C.— Fenton. Agents— W. Neil & Rowan, Solicitors, Greenock.
Counsel for Carting Contractors ( Objecting)— Sandeman, K.C.—Gentles. Agents— Fyfe & Murray, Solicitors, Greenock—Patten & Prentice, Solicitors, Greenock.
Solicitors: Mr James Wilson, Solicitor, Glasgow, instructed by Messrs Maclay, Murray, & Spens, Solicitors, Glasgow, watched for the Glasgow and South-Western Railway Company.
