Edinburgh Magistrates v. School Board of Leith [1914] ScotLR 98 (17 November 1914)

Edinburgh Magistrates v. School Board of Leith [1914] ScotLR 98 (17 November 1914)

The School Board of Leith are 'successors in office' within the meaning of the feu-charter, and are liable only for the taxed composition of £1 every twenty-five years, not the untaxed composition. The contractual intent of the feu-charter governs, and the nature of the office and purpose remain unchanged despite statutory or voluntary transfer.

Citation
[1914] ScotLR 98
Parties
Superior/first Parties: Lord Provost, Magistrates, and Council of the City of Edinburgh; Vassal/second Parties: School Board of Leith
Jurisdiction
Scotland
Judgment Date
17 November 1914
Procedural Posture
Special Case / Final Judgment
Outcome
Branch (b) of the first question answered in the affirmative; School Board liable only for taxed composition.
Legal Topics
Feu Charter Interpretation, Successors in Office, Composition for Entry, School Property Vesting
Property Law Feudal Law Education Law Feu Charter Interpretation Successors in Office Composition for Entry School Property Vesting

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Parties

Lord Provost, Magistrates, and Council of the City of Edinburgh

Superior/first Parties

School Board of Leith

Vassal/second Parties

Procedural Posture

Special Case / Final Judgment

Legal Issues

  1. 1 Are the School Board of Leith 'successors in office' within the meaning of the feu-charter?
  2. 2 Is the School Board liable for a taxed composition (£1) or an untaxed composition (£769, 12s.) on entry?

Ratio Decidendi

The School Board of Leith are 'successors in office' within the meaning of the feu-charter, and are liable only for the taxed composition of £1 every twenty-five years, not the untaxed composition. The contractual intent of the feu-charter governs, and the nature of the office and purpose remain unchanged despite statutory or voluntary transfer.

Court Disposition

Branch (b) of the first question answered in the affirmative; School Board liable only for taxed composition.

Orders

  • School Board of Leith to pay £1 as composition for entry.
  • Other questions superseded and not answered.