Cran v. Watt [1901] ScotLR 38_593 (17 May 1901)

Cran v. Watt [1901] ScotLR 38_593 (17 May 1901)

The statutory requirement of notice 'for two successive weeks' is satisfied by publication in a newspaper on any day of one week and again on any day of the following week; a seven-day interval is not required. The Town Council's notice, published on Friday and the following Wednesday, complied with section 145 of the Aberdeen Municipality Extension Act 1871. The assessment imposed on the defender is valid.

Citation
[1901] ScotLR 38_593
Parties
Pursuer/appellant: Peter Macleod Cran; Defender/respondent: John Watt junior
Jurisdiction
Scotland
Judgment Date
17 May 1901
Procedural Posture
Civil / Appeal From Sheriff Substitute to Court of Session Inner House Second Division
Outcome
appeal allowed; interlocutor of Sheriff-Substitute recalled; defender's plea repelled; cause remitted to Sheriff-Substitute
Legal Topics
Municipal Assessments, Statutory Notice Requirements, Construction of Statutes
Local Government Law Statutory Interpretation Municipal Assessments Statutory Notice Requirements Construction of Statutes

Case Brief

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Parties

Peter Macleod Cran

Pursuer/appellant

John Watt junior

Defender/respondent

Procedural Posture

Civil / Appeal From Sheriff Substitute to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the notice published by the Town Council satisfied the statutory requirement under section 145 of the Aberdeen Municipality Extension Act 1871 for notice 'in at least one of the newspapers published in the city for two successive weeks'.
  2. 2 Whether insufficient notice, if found, would invalidate the assessment imposed on the defender.

Ratio Decidendi

The statutory requirement of notice 'for two successive weeks' is satisfied by publication in a newspaper on any day of one week and again on any day of the following week; a seven-day interval is not required. The Town Council's notice, published on Friday and the following Wednesday, complied with section 145 of the Aberdeen Municipality Extension Act 1871. The assessment imposed on the defender is valid.

Court Disposition

appeal allowed; interlocutor of Sheriff-Substitute recalled; defender's plea repelled; cause remitted to Sheriff-Substitute

Orders

  • Interlocutor appealed against recalled
  • Fourth plea-in-law for defender repelled