Marwick v. Gray [1901] ScotLR 38_330 (14 February 1901)

Marwick v. Gray [1901] ScotLR 38_330 (14 February 1901)

The Town-Clerk of Glasgow, as clerk to the magistrates, is the official whose duty it is to issue the public-house certificate to the successful appellant after a reversal of the magistrates' decision by Quarter Sessions, as this best gives effect to the statutory scheme and legislative intent, despite the lack of explicit provision in the Act.

Citation
[1901] ScotLR 38_330
Parties
Pursuer: Mrs Marion Mann or Kerr; Defender: Sir James David Marwick, LL.D., Town-Clerk of Glasgow; Defender: George Gray, Clerk of the Peace for the county of the city of Glasgow
Jurisdiction
Scotland
Judgment Date
14 February 1901
Procedural Posture
Civil Appeal / Inner House, First Division, Court of Session (appeal From Lord Ordinary)
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Public House Certificates, Licensing Appeals, Statutory Interpretation, Official Duties Under Licensing Statutes
Administrative Law Licensing Law Public House Certificates Licensing Appeals Statutory Interpretation Official Duties Under Licensing Statutes

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 5 Party arguments 2
Sign in to unlock

Parties

Mrs Marion Mann or Kerr

Pursuer

Sir James David Marwick, LL.D., Town-Clerk of Glasgow

Defender

George Gray, Clerk of the Peace for the county of the city of Glasgow

Defender

Procedural Posture

Civil Appeal / Inner House, First Division, Court of Session (appeal From Lord Ordinary)

Legal Issues

  1. 1 Who is the proper official to issue a public-house certificate after a successful appeal to Quarter Sessions under the Home Drummond Act 1828?
  2. 2 Does the statute require the Town-Clerk or the Clerk of the Peace to issue the certificate?

Ratio Decidendi

The Town-Clerk of Glasgow, as clerk to the magistrates, is the official whose duty it is to issue the public-house certificate to the successful appellant after a reversal of the magistrates' decision by Quarter Sessions, as this best gives effect to the statutory scheme and legislative intent, despite the lack of explicit provision in the Act.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • The Town-Clerk of Glasgow is declared the official responsible for issuing the certificate to the pursuer.
  • George Gray, Clerk of the Peace, is assoilzied (absolved) from the conclusions of the summons.