M'Kellar and Swan v. Johnston

Subject_1 Dean of Guild Court Subject_2 Interim Execution. Facts: In an appeal from an order made by a Court of special jurisdiction on the ground of public safety, the Court refused to interfere with interim execution of the order.

On 5th July 1872 the Procurator-Fiscal of Edinburgh presented a petition to the Dean of Guild Court, stating that a tenement had become dangerous, or at least ruinous, decayed, or insecure to such an extent as to cause apprehension for the lives of the inhabitants and of the public, and craving the Court to ordain the respondents, as proprietors, to take down or render the tenement secure.

In addition to the appeal Messrs M'Kellar and Swan presented a note of suspension and interdict, which the Junior Lord Ordinary reported to the Inner House, and the whole matter came before the Second Division at the same time. The appellants maintained that the danger had been exaggerated, and produced additional reports by Messrs Peddie and Pilkington, and other architects and men of skill, to that effect.

The Court held that as the tenement was admittedly insecure they ought not to interfere even with the interim execution of the order of the Dean of Guild; but as there port of Messrs Peddie and Pilkington had not been judicially considered by the Dean of Guild, they remitted to him to consider the suggestions therein made, but under the express condition that this should not be held to interfere with the interim execution of his order.