Hilson v. John Swan & Sons, Ltd [1907] ScotLR 473_1 (23 February 1907)

Hilson v. John Swan & Sons, Ltd [1907] ScotLR 473_1 (23 February 1907)

The complaint was irrelevant for failing to specify that the pens in question were used on both 17th and 20th September 1906; such specification is necessary to establish a contravention under the statutory requirements.

Citation
[1907] ScotLR 473_1
Parties
Complainer and Respondent: Sydney Hilson; Respondents and Appellants: John Swan & Sons, Limited
Jurisdiction
Scotland
Judgment Date
23 February 1907
Procedural Posture
Appeal by Stated Case From Sheriff Court Conviction / Inner House, Second Division, Court of Session
Outcome
conviction quashed
Legal Topics
Prosecution Under Diseases of Animals Act, Statutory Interpretation, Relevancy of Complaint, Local Authority Enforcement, Market Cleansing Requirements
Criminal Law Administrative Law Animal Health Law Prosecution Under Diseases of Animals Act Statutory Interpretation Relevancy of Complaint Local Authority Enforcement Market Cleansing Requirements

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Parties

Sydney Hilson

Complainer and Respondent

John Swan & Sons, Limited

Respondents and Appellants

Procedural Posture

Appeal by Stated Case From Sheriff Court Conviction / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Is a complaint maintainable at the instance of the procurator-fiscal under the Diseases of Animals Act 1894?
  2. 2 Is it necessary for the complaint to specify that sales were habitually held at the mart and that the pens in question were used on both relevant dates?

Ratio Decidendi

The complaint was irrelevant for failing to specify that the pens in question were used on both 17th and 20th September 1906; such specification is necessary to establish a contravention under the statutory requirements.

Court Disposition

conviction quashed

Orders

  • complaint found irrelevant for want of specification
  • appeal allowed