ROBERT THRESHIE v WILLIAM B I GORDON (Court of Session)

On the 1st of June 1829, an act of Parliament was passed, entituled, ‘An act for making and maintaining certain turnpike roads within the county of Dumfries, and the other highways, bridges, and ferries therein, and for more effectually converting into money the statute-labour in the said county;’ and appointing certain parties trustees for ordering, superintending, surveying, making, and improving, altering, and keeping in repair, the several turnpike-roads enumerated in the statute.

The defender pleaded, inter alia ,—That in consequence of the notices, of the intention to apply for the existing road-act for Dumfriesshire, not having been given within the stewartry of Kirkcudbright, in terms of the standing orders of Parliament, and in consequence of the terms in which those notices were framed, that local act cannot be held to have taken away the restriction upon the right to erect toll-bars, and levy tolls in the stewartry, contained in the previous acts.

The Lord Ordinary, (27th June 1839,) repelled the defences, and declared and interdicted in terms of the conclusions of the libel; but found no expenses due .

Lord Ordinary, Jeffrey. Act. Dean of Fac. (Hope,) M'Neill, G. G. Bell. William Stewart, W. S. Agent. Alt. Sol.-Gen. (Maitland,) Anderson, E. F. Maitland. A. & H. Blair, W. S. Agents. F. Clerk.

Though there was no onerous contract or proper vested right, it may be thought that there was something of the nature of a jus quæsitum or possessory right in the defenders, under the two previous statutes, and that special notice at least was due before withdrawing this, although by mere omission in the subsisting act; and though on full consideration he has come to think this view, too, unfounded, he thinks the case, on the whole, of such a complexion as justly to relieve the defenders from any award of expenses.