Macfarlane and Others v. County Council of Lanark [1921] ScotLR 481 (17 May 1921)

Macfarlane and Others v. County Council of Lanark [1921] ScotLR 481 (17 May 1921)

The term 'market day' in section 5(3) of the Temperance (Scotland) Act 1913 must be construed in its popular and practical sense, referring to the day actually recognised and observed by the public as the market day, rather than the technically constituted day by charter or statute. Since Tuesday was the de facto market day in Strathaven, the poll held on that day was contrary to the statute and therefore invalid.

Citation
[1921] ScotLR 481
Parties
Pursuers (applicants): Archibald Macfarlane and Others; Defenders (respondents): County Council of Lanark and Sir Thomas Munro, G.B.E.
Jurisdiction
Scotland
Judgment Date
17 May 1921
Procedural Posture
Civil Action for Reduction and Declarator / Appeal (reclaiming Motion) in the Inner House, First Division
Outcome
Appeal allowed; interlocutor of the Lord Ordinary recalled; reduction and declarator granted as craved.
Legal Topics
Statutory Construction of 'market Day', Validity of Poll Under Temperance (scotland) Act 1913, Interpretation of Local Authority Powers, Licensing Law
Administrative Law Statutory Interpretation Local Government Law Statutory Construction of 'market Day' Validity of Poll Under Temperance (scotland) Act 1913 Interpretation of Local Authority Powers Licensing Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Archibald Macfarlane and Others

Pursuers (applicants)

County Council of Lanark and Sir Thomas Munro, G.B.E.

Defenders (respondents)

Procedural Posture

Civil Action for Reduction and Declarator / Appeal (reclaiming Motion) in the Inner House, First Division

Legal Issues

  1. 1 Whether 'market day' in section 5(3) of the Temperance (Scotland) Act 1913 refers to the de jure (legally constituted) or de facto (actually observed) market day
  2. 2 Whether the poll held on Tuesday, 9 November 1920, was invalid as being held on a 'market day' contrary to statute

Ratio Decidendi

The term 'market day' in section 5(3) of the Temperance (Scotland) Act 1913 must be construed in its popular and practical sense, referring to the day actually recognised and observed by the public as the market day, rather than the technically constituted day by charter or statute. Since Tuesday was the de facto market day in Strathaven, the poll held on that day was contrary to the statute and therefore invalid.

Court Disposition

Appeal allowed; interlocutor of the Lord Ordinary recalled; reduction and declarator granted as craved.

Orders

  • The interlocutor of the Lord Ordinary is recalled.
  • The documents and proceedings connected with the poll are reduced.