Maclean v. Maxwell [1917] ScotLR 170 (21 December 1917)

Maclean v. Maxwell [1917] ScotLR 170 (21 December 1917)

Whether the hiring of a motor car to attend church is a contravention of the Regulations is a question of circumstances for the magistrate, and in this case, there was no error in finding no contravention.

Citation
[1917] ScotLR 170
Parties
Appellant: John James Maclean; Respondent: Samuel Hart Maxwell
Jurisdiction
Scotland
Judgment Date
21 December 1917
Procedural Posture
Criminal Summary Complaint / Appeal From Sheriff Substitute by Stated Case
Outcome
appeal dismissed; respondent found not guilty
Legal Topics
Defence of the Realm Regulations, Motor Spirit Restrictions, Public Duties, Interpretation of Emergency Regulations
Criminal Law Administrative Law War/emergency Law Defence of the Realm Regulations Motor Spirit Restrictions Public Duties Interpretation of Emergency Regulations

Case Brief

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Parties

John James Maclean

Appellant

Samuel Hart Maxwell

Respondent

Procedural Posture

Criminal Summary Complaint / Appeal From Sheriff Substitute by Stated Case

Legal Issues

  1. 1 Whether hiring a motor car to attend church constitutes a contravention of Regulation 8GG of the Defence of the Realm Regulations
  2. 2 Whether attending church is a 'public duty' under the permit and regulations

Ratio Decidendi

Whether the hiring of a motor car to attend church is a contravention of the Regulations is a question of circumstances for the magistrate, and in this case, there was no error in finding no contravention.

Court Disposition

appeal dismissed; respondent found not guilty

Orders

  • Second question of law answered in the negative; third question answered in the affirmative.