HC Deb 25 January 1886 vol 302 cc305-6
MR. MACFARLANE

asked the Lord Advocate, If his attention has been called to an action brought by Sir John Orde, baronet, before the Sheriffs' Court at Lochgilphead, against a number of fishermen, to recover certain dues for the use of a pier; if he can say under what Act of Parliament, or other sufficient authority, the said quay was erected; if the quay is erected upon public or private property; and, if upon public property, if he will take steps to allow of the free use of it by the fishermen, or cause its removal, so as to leave the foreshore free?

THE LORD ADVOCATE (Mr. MACDONALD)

The actions which took place some little time ago were not brought to my notice until I saw the Question of the hon. Member on the Paper. Actions were raised for dues at a pier called Kilmorey Pier, which was erected in 1813 by Mr. Campbell, of Kilmorey, who was an ancestor of Sir John Orde. From that time forward dues have been paid for the pier, amounting in the case of fishermen to the sum of 5s. per boat for the use of the pier during the year. The pier, so far as I can ascertain, was not erected under any Act of Parliament. It was erected as a private enterprize, in a similar manner to many such piers in that part of Scotland, It is erected partly on private property belonging to Sir John Orde, and he appears on the valuation roll as the proprietor of the pier, and is rated upon it. The pier cannot be used without the use of private property. I have no power to order its removal. I am satisfied that it is for the convenience of the fishermen, and I am not prepared to take any steps with regard to it.

MR. MACFARLANE

asked if the House was to understand that it was the law of Scotland that the owner of a pier erected partly upon his private property and partly upon public property could levy dues from fishermen and others using it?

THE LORD ADVOCATE (Mr. MACDONALD)

I believe it to be the law of Scotland that when a pier has existed for so long a period as from 1813 to the present time, without objection on the part of anybody, the proprietor cannot be by the Crown turned off and the pier taken down. Any person is entitled to raise the question of law; but I am satisfied it would not be wise on the part of the Crown to raise any such question.