FIFE County Council and Another v. FIFE Coal Co., Ltd, and Others

Subject_1 Local Government Subject_2 County Subject_3 Water Subject_4 Public and Domestic Water-Rates Levied Prior to Supply of Water — Kirkcaldy District Water Order Confirmation Act 1913 (2 and 3 Geo. V, cap. clxix) — Kirkcaldy District Water Order 1913, secs. 58, 59, 60, and 66. Facts: Sections of a local Act of Parliament under which held that the local authority was entitled to levy a public and a domestic water-rate before it was in a position to supply water.

A Special Case was presented by the County Council of the County of Fife and the Kirkcaldy District Committee thereof, first parties , and the Fife Coal Company, Limited, and others, second parties , to have it determined whether the first parties were entitled to levy certain water-rates under the Kirkcaldy District Water Order 1913, which was confirmed by the Kirkcaldy District Water Order Confirmation Act 1913.

The questions of law for the opinion of the Courtwere—“1. Are the first parties entitled to levy from the second parties a domestic water-rate for the year ending 15th May 1914? 2. Are the first parties entitled to levy from the second parties a public water-rate for the year ending 15th May 1914.”

The second parties maintained that the first parties could not legally levy either a public or a domestic water-rate before they were in a position to supply water.

Appeal has been made to the 66th section of the statute for the purpose, I suppose, of showing that there was a way out of their difficulty opened up by the statute to the County Council to secure their money without imposing a rate. But I think that the answer, which is two-fold, is complete-(first) that the 66th section is optional and not imperative; and (second) that its operation is confined to a mere accumulation of instalments and interest of money borrowed for the purpose of constructing the works.