Cowdenbeath Gas Co., Ltd, and Another v. Provost of Cowdenbeath and Another [1915] ScotLR 301 (26 January 1915)

Cowdenbeath Gas Co., Ltd, and Another v. Provost of Cowdenbeath and Another [1915] ScotLR 301 (26 January 1915)

Section 38(1) of the Interpretation Act 1889 applies; references in the 1876 Act to the 1862 Act must be read as references to the 1892 and 1893 Acts, so the poll must be conducted under the procedure prescribed by the later Acts.

Source-derived case information.

Citation
[1915] ScotLR 301
Parties
Complainer: Cowdenbeath Gas Company, Limited; Complainer: James B. Scott; Respondent: Provost of Cowdenbeath; Respondent: Sheriff of the County of Fife
Jurisdiction
Scotland
Judgment Date
26 January 1915
Procedural Posture
Note of Suspension and Interdict / Inner House, First Division, Reclaiming Motion
Outcome
Interdict refused; note refused.
Legal Topics
Statutory Construction, Repeal and Re Enactment, Burghs Gas Supply (scotland) Act 1876, Interpretation Act 1889, Burgh Police (scotland) Acts
Administrative Law Statutory Interpretation Local Government Law Statutory Construction Repeal and Re Enactment Burghs Gas Supply (scotland) Act 1876 Interpretation Act 1889 Burgh Police (scotland) Acts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cowdenbeath Gas Company, Limited

Complainer

James B. Scott

Complainer

Provost of Cowdenbeath

Respondent

Sheriff of the County of Fife

Respondent

Procedural Posture

Note of Suspension and Interdict / Inner House, First Division, Reclaiming Motion

Legal Issues

  1. 1 Whether the reference in the Burghs Gas Supply (Scotland) Act 1876 to the General Police and Improvement (Scotland) Act 1862 should be construed as a reference to the Burgh Police (Scotland) Acts 1892 and 1893 after the repeal of the 1862 Act.
  2. 2 Whether the poll of ratepayers should be conducted under the procedure of the repealed 1862 Act or the substituted procedure of the 1892 and 1893 Acts.

Ratio Decidendi

Section 38(1) of the Interpretation Act 1889 applies; references in the 1876 Act to the 1862 Act must be read as references to the 1892 and 1893 Acts, so the poll must be conducted under the procedure prescribed by the later Acts.

Court Disposition

Interdict refused; note refused.

Orders

  • Refusal of the note of suspension and interdict against the Provost of Cowdenbeath.
  • Refusal of the note against the Sheriff of Fife by consent of parties.