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Magistrates' Order Challenged

24th October 1952
Page 33
Page 33, 24th October 1952 — Magistrates' Order Challenged
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Which of the following most accurately describes the problem?

'THREE Dunoon bus operators con." tended before Lord Strachan, in the Court of Session, last week, that an order made by local magistrates on May 23 last year, allocating a number of bus stands in the town, was illegal. The plaintiffs were Alex Baird, Ltd., Dunooa Motor Services, Ltd., and Air Industrial Development, Ltd., proprietor of the Gold Line Garage.

They alleged that the area was part of the public highway and that the magistrates had no power to allocate stands there. The order was consequently null and void.

The defendants explained that the area in question had been used for bus stands for many years and that the plaintiffs had not previously suggested that the magistrates had no power to make the allocations. The ground, part of some land reclaimed about 1905, belonged to the borough and was not part of the public highway.

In these circumstances the magistrates were fully entitled to allocate stands and it was in the interests of good order that they should continue to do so.

The decision is not yet known.

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Tags

Organisations: Court of Session
People: Strachan
Locations: London

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