Edinburgh Parish Council v. Schulze

The Defence of the Realm Regulations 1914, sec. 2 ( b ), enacts—“2. It shall be lawful for the competent naval or military authority and any person duly authorised by him, where for the purpose of securing the public safety or the defence of the realm it is necessary so to do.… ( b ) to take possession of any buildings or other property, including works for the supply of gas, electricity, or water, and of any sources of water supply. …”

The Parish Council of the City of Edinburgh, pursuers , brought an action against Charles William Schulze, Brunswickhill, Galashiels, defender , whereby they sought to recover from the defender the sum of £55, 4s. 5d., being the poor rates, school rates, and lunacy assessments for the years 1914–15 and 1915–16 levied by them upon the defender as owner of a factory at Portobello Road within their parish.

The facts were that the factory in question had been requisitioned by the War Office by letter dated 28th October 1914 in the following terms:—

Sir—I am to inform you that the building in the Portobello Road known as the Chocolate Factory, is required for defence purposes and occupation by troops. I am therefore to require you, under the Defence of the Realm Act 1914, Part I, paragraph 2 ( b ), to hand over this building to the officer appointed by me to take it over at 9 a.m. on 30th instant. Any claim for compensation will hereafter be considered by the War Page: 578 ↓

The pursuers pleaded, inter alia —“2. In respect that the defender as owner of the factory in question, being lands and heritages within the said parish, is liable under the statutes referred to in the condescendence in payment of the owner's proportion of the poor and school rates and lunacy assessments and has refused to pay the same, the pursuers are entitled to decree as craved.”