Mr. DUNDAS WHITEasked the Lord Advocate, in view of the questions which have arisen with reference to access to Loch Lomond, whether his attention has been called to the fact that in or about the year 1884 there was an arbitration between the county road trustees of Dumbartonshire and Sir James Colquhoun, of Luss, for the acquisition by the former from the latter of the ferry rights, the then existing bridge, and such rights as were necessary for the building of the present bridge at Balloch; whether, under the award which followed, the county road trustees paid to Sir James Colquhoun £6,000, or thereabouts, or any, and, if so, what, other sum for the subjects of the arbitration; what they obtained for that sum; whether the subjects which they obtained were specified in writing in any transfer, deed, or disposition; and, if so, where access can be had thereto, in order that there may be an accurate ascertainment of the rights to, and connected with, 1377W the land in question, now vested in the Dumbartonshire County Council as successors to the county road trustees?
§ Mr. UREI have made inquiry into this case, and have received information to the following effect. The Roads and Bridges (Scotland) Act, 1878, Section 93, vested in the then County Road Trustees the bridges and rights of ferry over the Leven at the ferries of Balloch and Bonhill respectively, and pontages or duties leviable thereat, the County Road Trustees paying to the proprietors the values thereof as such values should, failing agreement, be determined by arbitration or by jury trial. On the values being ascertained and paid in manner provided for in the Section referred to, the bridges became highways and free of toll. The value of the "bridges, rights of ferry pontages and duties" were ascertained by arbitration. The claim by Sir James Colquhoun in the arbitration relating to Balloch Bridge, proceeded on the statement that he was proprietor of the bridge and right of ferry over the River Leven at Balloch and the duties or pontages leviable thereat, taken over by the Road Trustees in terms of the Roads and Bridges (Scotland) Act, 1878, and statedinter alia that "the ferry over which the bridge was substituted has been a pertinent of the lands of Balloch from time immemorial, and extending as it does for a considerable distance both above and below the site of the bridge, the right of ferry formed an important and valuable portion of the estate" … He accordingly claimed as compensation for the "right of ferry, bridge and pontages or duties leviable thereat the sum of at least £12,600 or such sum as should be found to be thirty years' purchase of the annual value of the said ferry, bridge, and pontages and duties leviable thereat." After a lengthened inquiry, the value of the 1378W bridge, right of ferry, pontages, or duties (apart from interest and expenses) was fixed at £5,775. The inquiry in the arbitration appears to have been mainly directed to ascertaining the amount of the annual revenues. The subjects valued formed a pertinent of an entailed estate, and the value determined in the Arbitration was consigned, and after certain procedure, paid upon Decree by the Court. The Decree Arbitral is recorded in the Books of Council and Session 29th September, 1884. The Petition for Authority to uplift and acquire the consigned money was to the Court of Session (First Division, 18th March, 1885). The Local Government (Scotland) Act, 1889, Section 90, declares that all lands and buildings, roads and bridges, drainage and water supply works and all other heritable subjects with their pertinents then vested in the Commissioners of Supply or County Road Trustees or in any Local Authority under the Public Health Act, in so far as in their powers are transferred to the county council, should without any instrument of conveyance be transferred to and vested in the County Council, who are the successors of the former Road Trustees. As to specific inquiries put:—(1) The capital sum awarded to Sir James Colquhoun upon his claim was £5,775, and that sum, with accrued interest was consigned in bank and afterwards uplifted under Decree of the Court. (2) For the payment mentioned the Road Trustees obtained the bridge and right of ferry over the River Leven at Balloch and the pontages or duties leviable thereat. (3) There is no specification of the subjects beyond what is contained in the Roads and Bridges Act and the Decree Arbitral, namely, the bridge and right of ferry over the Leven at Balloch and the pontages or duties leviable thereat. (4) The subjects obtained are not specified in writing in any transfer, deed, or disposition.