M'Diarmid v. Glasgow Corporation (Executive Committee on Housing)

Closing Order under section 17 (2) of the Housing, Town Planning, &c., Act 1909. “To Mrs Catherine M'Diarmid, 38 Steven Parade, Glasgow, and Miss Pennycook, bondholder, per Messrs Mackenzie Roberton & Co., 176 St Vincent Street, Glasgow, and others, owner or owners of the ‘dwelling-house’ being a front tenement at 26 Claythorn Street, Calton, Glasgow.

Now therefore we, the said Executive Committee on Housing, as local authority foresaid in pursuance of sub-section (2) of section 17 of the Housing, Town Planning, &c., Act 1909, do, by this our order, prohibit the use of the said dwelling-house for human habitation until in our judgment it is rendered fit for that purpose.

The memorandum referred to in the closing order set out the subjects in detail and the defects in each.

The Case set forth—“2. Mrs Catherine M'Diarmid, the pursuer, is proprietrix of a tenement at 26 Claythorn Street, Glasgow, consisting of eighteen dwelling-houses and a store. 3. The defenders on 3rd December 1915 made a closing order in regard to said property under section 17 (2) of said Act. 4. The pursuer on 6th January 1916 raised an action under section 17 (3) of said Act craving the Court to quash said closing order. 5. I heard the parties, but before judgment was given the pursuer lodged the minute craving a Special Case.”

The question for the opinion of the Court was—“Whether the closing order is ultra vires and inept in respect it prohibits the use for human habitation of the eighteen separate dwelling-houses in the tenement therein referred to until in the judgment of the defenders each and every one of said eighteen dwelling-houses is rendered fit for that purpose?”