Scottish Court of Session Decisions

Lord Benholme—This petition raises a question of great importance. It is the first application of the kind presented by the Board of Supervision. I cannot object to what your Lordship proposes, and in making an observation as to the peculiar position in which this Local Authority is placed, I must not be held as differing from the course proposed.

The burgh of Montrose has been always considered a peculiarly healthy place of residence. It has a remarkable basin of water in its neighbourhood, filling and emptying with the tide, causing a great body of water to pass up and down alternately with great force and rapidity through a narrow channel, which is spanned by a draw bridge. This creates a sort of natural drainage, or, at least, a motion of the atmosphere, to which some think the peculiar healthiness of the burgh is due. I do not make that observation to suggest a doubt as to the propriety, or even necessity, of a regular system of drainage, or to insinuate that the Board of Supervision have been premature in their application; but to show that we should proceed with peculiar tenderness in dealing with these Police Commissioners, because it may be extremely difficult for men to determine what, on the whole, is the best system of drainage for the burgh. The basin to which I have referred, while it seems to suggest a facility of drainage, also suggests an inconvenience; for while the sewage at one time of the tide would be rapidly swept down into the sea, at another it might be swept up into the basin and be deposited at low tide upon its dry area. It will be extremely difficult to connect the proposed drainage with the sea.

Farther, I understand that some attempt is being made to utilise the drainage by irrigating some extensive links of sandy surface belonging to the town, which might afford a remuneration for the expense of the drainage operations. The practicability or possibility of this seems another reason why full time should be given to the local authority to consider the best mode in which the thing can be done. The question of time is not of much consequence in this case, as the burgh is exceptionally healthy. The Commissioners, I feel satisfied, will not propose any scheme which would be insufficient or abortive, but will, within a reasonable time, bring forward one complete and effectual scheme, whether in combination with irrigation or not. We cannot dismiss this petition: that is out of the question. But we can pause so as to allow the Commissioners a reasonable time to consider what scheme they may advance.

Lord Neaves—I have arrived at the same conclusion. There is no doubt that there has been practical obstruction by the Local Authority, and that this petition has been properly brought by the Board of Supervision, but at the same time every sinner who repents ought to be treated with leniency, especially when he admits his sin. The Court has been told that there is a proposal for a united scheme of drainage, but, whatever kind of system may be thought of, the Court will see that it is thorough and complete. It may be that the intention is to drain the town properly, but your Lordships must see that there is not linked to the proposed scheme some provision calculated to delay it or diminish its efficacy.