Bo'Ness Parish Council v. Bo'Ness Kirk-Session [1900] ScotLR 37_472 (22 February 1900)

Bo'Ness Parish Council v. Bo'Ness Kirk-Session [1900] ScotLR 37_472 (22 February 1900)

The lands and revenues in question were purchased with money dedicated to the poor, have been consistently designated as 'poor's lands,' and their income has been applied solely for the relief of the poor. The kirk-session's administrative role does not confer a beneficial interest for ecclesiastical purposes. Therefore, the properties do not constitute an ecclesiastical charity under section 54 but are held for the poor under section 30, requiring management by a committee including Parish Council appointees.

Citation
[1900] ScotLR 37_472
Parties
Pursuer: Bo'Ness Parish Council; Defender: Bo'Ness Kirk-Session
Jurisdiction
Scotland
Judgment Date
22 February 1900
Procedural Posture
Civil / Appeal/reclaiming Motion Before Inner House, Second Division
Outcome
Appeal allowed; Lord Ordinary's judgment recalled; decree granted in terms of the amended first and third conclusions of the summons; action dismissed as regards the second conclusion.
Legal Topics
Parish Trusts, Ecclesiastical Charity, Charitable Trusts, Poor Relief, Local Government (scotland) Act 1894
Local Government Trusts and Charities Parish Trusts Ecclesiastical Charity Charitable Trusts Poor Relief Local Government (scotland) Act 1894

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Parties

Bo'Ness Parish Council

Pursuer

Bo'Ness Kirk-Session

Defender

Procedural Posture

Civil / Appeal/reclaiming Motion Before Inner House, Second Division

Legal Issues

  1. 1 Whether certain lands and revenues held by the Bo'Ness Kirk-Session constitute an ecclesiastical charity under section 54 of the Local Government (Scotland) Act 1894 or are held solely for the benefit of the poor of the parish under section 30 of the Act
  2. 2 Whether management of such properties should be transferred to a committee including Parish Council appointees

Ratio Decidendi

The lands and revenues in question were purchased with money dedicated to the poor, have been consistently designated as 'poor's lands,' and their income has been applied solely for the relief of the poor. The kirk-session's administrative role does not confer a beneficial interest for ecclesiastical purposes. Therefore, the properties do not constitute an ecclesiastical charity under section 54 but are held for the poor under section 30, requiring management by a committee including Parish Council appointees.

Court Disposition

Appeal allowed; Lord Ordinary's judgment recalled; decree granted in terms of the amended first and third conclusions of the summons; action dismissed as regards the second conclusion.

Orders

  • Defenders to appoint up to three members to act with Parish Council appointees approved by the Local Government Board as a committee of management of the properties within two months and thereafter as necessary.