Land Court Decision – 1924




Has the Sheriff any jurisdiction over a decision of the Land Court?

This was the point which was raised in an action in Dunfermline Sheriff Court today, when James MacDonald, James Wishart, and James Philip, land holders, Cairneyhill, for themselves and as representatives of the Bankhead Committee of land holders, sued George Johnston, land holder, Cairneyhill, for £1 5s; and Thomas Fotheringham, land holder for 11s, being the amounts they claimed of levies for the year ending 11th November last, alleged to be due by the defenders to the fund for the maintenance of the main road common to the land holders of Bankhead, Cairneyhill, and water pipes laid therein, at the rate of one shilling per £1 of their fair rent.

The Land Court, it was stated, on 29th January had pronounced an order finding inter alia [among other things] that the committee should be entitled to make an annual levy on the land holders of 1s per £1 on the fair rent for the purpose of providing a fund for the maintenance of the main road common to the land holders, and of the water-pipes laid therein, excluding the branch pipes leading from the pipe in the main road to the individual holdings.

Defender George Johnston, objected to the levy in respect he was cited to attend a meeting of the Land Court called to decide the question of the upkeep of the pipes.

Defender Thomas Fotheringham, objected to the levy in respect that he never used the pipes nor the roadway, his entrance being from the turnpike road.

Sheriff Umpherston continued the case in order to allow defenders’ agent to go into the point.

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