The Glasgow Magistrates, as the local authority under the Diseases of Animals Acts 1894 and 1896, established at Glasgow a wharf and public market for the reception and sale of foreign cattle. They are empowered by the terms of section 42 of the Markets and Fairs Clauses Act 1847 (incorporated with the Act of 1894) to make bye-laws ‘for regulating the use of the market-place and fair, and the buildings, stalls, pens, and standings therein, and for preventing nuisances or obstructions therein, or in the immediate approaches thereto.’ They are also empowered, from time to time as they think fit, to repeal or alter any such byelaws, ‘provided always that such bye-laws shall not be repugnant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the special Act.’
Under these powers the Magistrates issued a bye-law providing that ‘the sale rings shall be used only for public sales of cattle by auction on conditions of sale which shall be equally applicable to all bidders and buyers. The sale rings shall not be used for private sales, or for sales to any limited number of persons, or for sales in which any class of the public are excluded from bidding and buying.’
Objection was taken to this bye-law by certain traders, who desired to limit their auction sales to a certain class of customers, and who maintained that the bye-law was ultra vires, and directed against a particular line of trade policy.
Held ( aff. judgment of the First Division- diss. Lord Shand) that the bye-law was valid.
Judges:
Lord Chancellor (Halsbury), Lord Shand, and Lord Davey
Citations:
[1899] UKHL 965, 36 SLR 965
Links:
Jurisdiction:
Scotland
Local Government
Updated: 09 December 2022; Ref: scu.631839