M'Ara v. Edinburgh Magistrates and Others [1913] ScotLR 829 (12 July 1913)

M'Ara v. Edinburgh Magistrates and Others [1913] ScotLR 829 (12 July 1913)

The magistrates had no power at common law or under any statute, including the Act 1606, c. 17 (which is in desuetude), to issue the proclamation prohibiting meetings in the streets without a licence or to impose penalties for breach thereof; the pursuer was not bound to obey the proclamation.

Citation
[1913] ScotLR 829
Parties
Pursuer: John M'Ara; Defenders: Lord Provost and Magistrates of the City of Edinburgh and Others
Jurisdiction
Scotland
Judgment Date
12 July 1913
Procedural Posture
Civil Action for Declarator and Interdict (with Damages) / Inner House, First Division, on Reclaiming Note (appeal) From Lord Ordinary
Outcome
Appeal dismissed; Lord Ordinary's decision adhered to.
Legal Topics
Powers of Magistrates, Desuetude of Statutes, Right of Public Assembly, Use of Public Streets, Licensing of Public Meetings, Ultra Vires Acts, Common Law Powers, Statutory Interpretation
Administrative Law Constitutional Law Criminal Law Municipal Law Powers of Magistrates Desuetude of Statutes Right of Public Assembly Use of Public Streets +4 more

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Parties

John M'Ara

Pursuer

Lord Provost and Magistrates of the City of Edinburgh and Others

Defenders

Procedural Posture

Civil Action for Declarator and Interdict (with Damages) / Inner House, First Division, on Reclaiming Note (appeal) From Lord Ordinary

Legal Issues

  1. 1 Whether the Magistrates of Edinburgh had power at common law or under statute to issue a proclamation prohibiting meetings in the streets without a licence and to impose penalties for breach thereof.
  2. 2 Whether the Act 1606, c. 17, is in desuetude and could form the legal basis for such a proclamation.
  3. 3 Whether there exists a public right to hold meetings in the streets.

Ratio Decidendi

The magistrates had no power at common law or under any statute, including the Act 1606, c. 17 (which is in desuetude), to issue the proclamation prohibiting meetings in the streets without a licence or to impose penalties for breach thereof; the pursuer was not bound to obey the proclamation.

Court Disposition

Appeal dismissed; Lord Ordinary's decision adhered to.

Orders

  • Declared that the Magistrates of Edinburgh were not empowered by common law or statute to issue the proclamation; the pursuer was not bound to obey it.
  • No further declarator or interdict granted; action for damages against the Corporation dismissed as irrelevant; pursuer allowed to lodge issues for damages against the Magistrates.