Ayr County Council v. Paterson and Others [1906] ScotLR 43_594 (16 May 1906)

Ayr County Council v. Paterson and Others [1906] ScotLR 43_594 (16 May 1906)

The selection of a county assessor, where the salary has already been fixed, is not a matter involving expenditure within the meaning of section 73(8) of the Local Government (Scotland) Act 1889. Therefore, representatives of a burgh not assessed for the assessor's salary are entitled to vote in the selection.

Citation
[1906] ScotLR 43_594
Parties
First Party: Ayr County Council; Second Party: Peter Paterson; Third Party: Anthony C. White; Fourth Party: James Borland and Ebenezer Bannatyne (representatives of the royal burgh of Irvine), Provost, Magistrates, and Councillors of the burgh of Irvine
Jurisdiction
Scotland
Judgment Date
16 May 1906
Procedural Posture
Special Case Stated / Judgment on Stated Case
Outcome
Question answered in the affirmative; representatives of the burgh of Irvine were entitled to vote.
Legal Topics
County Council Powers, Burgh Representation, Voting Rights, Appointment of County Officials, Interpretation of Expenditure Under Statute
Local Government Law Administrative Law County Council Powers Burgh Representation Voting Rights Appointment of County Officials Interpretation of Expenditure Under Statute

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Parties

Ayr County Council

First Party

Peter Paterson

Second Party

Anthony C. White

Third Party

James Borland and Ebenezer Bannatyne (representatives of the royal burgh of Irvine), Provost, Magistrates, and Councillors of the burgh of Irvine

Fourth Party

Procedural Posture

Special Case Stated / Judgment on Stated Case

Legal Issues

  1. 1 Whether representatives of a burgh not assessed for the payment of a county assessor's salary are entitled to vote in the selection of the assessor under section 73(8) of the Local Government (Scotland) Act 1889.

Ratio Decidendi

The selection of a county assessor, where the salary has already been fixed, is not a matter involving expenditure within the meaning of section 73(8) of the Local Government (Scotland) Act 1889. Therefore, representatives of a burgh not assessed for the assessor's salary are entitled to vote in the selection.

Court Disposition

Question answered in the affirmative; representatives of the burgh of Irvine were entitled to vote.