The Walker Trustees v. Lord Advocate and Others [1910] ScotLR 734 (07 July 1910)

The Walker Trustees v. Lord Advocate and Others [1910] ScotLR 734 (07 July 1910)

The persistent and unbroken usage from 1766 to 1904, whereby fees were claimed and paid to the Usher of the White Rod on the creation of dignities of the United Kingdom, constitutes contemporanea expositio and explicative prescription, confirming the pursuers' entitlement to the specified fees under the Treaty of Union. The Treaty reserved heritable offices as rights of property in the same manner as enjoyed by the laws of Scotland, and the usage interprets and sustains the right to fees on creations of UK dignities.

Citation
[1910] ScotLR 734
Parties
Pursuer: The Walker Trustees; Defender: Lord Advocate; Defender: Lord Armitstead and others; Defender: Lord Leith of Fyvie and others
Jurisdiction
Scotland
Judgment Date
07 July 1910
Procedural Posture
Declarator and Payment / Final Judgment After Proof Before Answer
Outcome
Declarator granted in favour of pursuers; payment ordered against certain defenders.
Legal Topics
Heritable Office, Fees of Honour, Interpretation of Treaty of Union, Prescription, Contemporanea Expositio
Property Law Constitutional Law Administrative Law Heritable Office Fees of Honour Interpretation of Treaty of Union Prescription Contemporanea Expositio

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Parties

The Walker Trustees

Pursuer

Lord Advocate

Defender

Lord Armitstead and others

Defender

Lord Leith of Fyvie and others

Defender

Procedural Posture

Declarator and Payment / Final Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the holders of the heritable office of Principal Usher (Usher of the White Rod) are entitled to specified fees on the creation of dignities of the United Kingdom under the Treaty of Union 1707
  2. 2 Whether usage from 1766 onwards constitutes contemporanea expositio and explicative prescription
  3. 3 Effect of the Act of Union on the rights to fees

Ratio Decidendi

The persistent and unbroken usage from 1766 to 1904, whereby fees were claimed and paid to the Usher of the White Rod on the creation of dignities of the United Kingdom, constitutes contemporanea expositio and explicative prescription, confirming the pursuers' entitlement to the specified fees under the Treaty of Union. The Treaty reserved heritable offices as rights of property in the same manner as enjoyed by the laws of Scotland, and the usage interprets and sustains the right to fees on creations of UK dignities.

Court Disposition

Declarator granted in favour of pursuers; payment ordered against certain defenders.

Orders

  • Finds, decerns, and declares in terms of the first conclusion for declarator.
  • Declares pursuers entitled to specified fees on creations of UK dignities.