In the Scottish Courts
| DOI | 10.1177/002201834801200306 |
| Date | 01 July 1948 |
| Published date | 01 July 1948 |
| Subject Matter | In the Scottish Courts |
In the Scottish Courts
MAXIMUM
PRICE-WHO
PAYS
THE
POSTAGE?
Patterson v. Cam'nethan Oatmeal Ltd.
THE accused in
the
summary prosecution from which
this
appeal arose are dealers in oatmeal
and
other cereals.
They
carry
on a large postal business in
the
retail of oatmeal
to customers in various
parts
of
the
country.
In
their
dealings with these postal customers,
the
company charged
the
maximum permitted price and, in addition, a sum
corresponding to
the
postage paid
by
them
in transmitting
the
order. On proof of these facts (in relation to certain
transactions specified in
the
complaint),
the
sheriff
acquitted
the
company of
the
charge, which was one of
contravening article 3
(1)
of
the
Oat
Products (Control
and
Maximum Prices) Order, 1945.
That
order fixes
maximum prices for oatmeal and enacts
that
"no
charge
shall be made in addition to
the
maximum price in
any
sale
of
any
specified
oat
product in respect of transport or
storage ".
The prosecutor appealed,
but
without success. The
High Court judges who heard
the
appeal were unanimously
of
the
opinion
that
by
prepaying
the
cost of postage
and
charging this amount against acustomer
the
company
had
not
made an addition
to
the
maximum price
and
had
not
contravened
the
terms of
the
Order.
MAYA
'POOR
PERSON'
CHOOSE
HIS
SOLICITOR?
Turnbull v.
H.M.
Advocate
The ground of appeal in this case was miscarriage of
justice,
the
suggestion being
that
the
case
had
not
been
properly presented. The situation complained of arose
through
the
action of
the
appellant who, three days before
his
trial
in
the
court below (where he faced an indictment
charging him with assault
by
razor-slashing), intimated to
the
solicitor provided to conduct his defence
that
he
had
decided to dispense with his services.
"As
regards my trial",
he wrote, "1 have
not
made up my mind
what
1shall do.
I
may
ask for another remand
and
elect another agent
292
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