Kenneth & Sons v. Northern District Committee of Ayrshire County Council [1900] ScotLR 37_366 (26 January 1900)

Kenneth & Sons v. Northern District Committee of Ayrshire County Council [1900] ScotLR 37_366 (26 January 1900)

The statutory definition of 'district' in section 3 of the Public Health (Scotland) Act 1897 applies to section 131; 'district' means the district of the local authority, not the special water supply district or affected areas. Publication in the Glasgow Herald, which circulates in the district of the local authority, satisfies the statutory requirement.

Citation
[1900] ScotLR 37_366
Parties
Pursuer: A. Kenneth & Sons; Defender: Northern District Committee of Ayrshire County Council
Jurisdiction
Scotland
Judgment Date
26 January 1900
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House First Division
Outcome
appeal refused; interlocutor of Sheriff-Substitute affirmed; defenders assoilzied; pursuers liable in expenses
Legal Topics
Statutory Interpretation, Publication Requirements, Water Supply Districts, Interdicts
Administrative Law Local Government Law Public Health Law Statutory Interpretation Publication Requirements Water Supply Districts Interdicts

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Parties

A. Kenneth & Sons

Pursuer

Northern District Committee of Ayrshire County Council

Defender

Procedural Posture

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

Legal Issues

  1. 1 Meaning of 'district' under section 131 of the Public Health (Scotland) Act 1897
  2. 2 Compliance with statutory publication requirements for resolutions affecting special water supply districts

Ratio Decidendi

The statutory definition of 'district' in section 3 of the Public Health (Scotland) Act 1897 applies to section 131; 'district' means the district of the local authority, not the special water supply district or affected areas. Publication in the Glasgow Herald, which circulates in the district of the local authority, satisfies the statutory requirement.

Court Disposition

appeal refused; interlocutor of Sheriff-Substitute affirmed; defenders assoilzied; pursuers liable in expenses

Orders

  • Refuse the appeal
  • Affirm the interlocutor of the Sheriff-Substitute dated 28th June 1899