Maxtone v. The Provost, Magistrates, and Councillors of Dunoon [1904] ScotLR 42_234 (16 December 1904)

Maxtone v. The Provost, Magistrates, and Councillors of Dunoon [1904] ScotLR 42_234 (16 December 1904)

The Town Councils (Scotland) Act 1900 does not entitle a county assessor to remuneration from a burgh for making up the municipal register; only necessary and proper outlays are recoverable. The statute imposes the duty without providing for additional remuneration, and 'expenses' does not include remuneration absent express provision.

Citation
[1904] ScotLR 42_234
Parties
Pursuer: David Murray Maxtone; Defenders: The Provost, Magistrates, and Councillors of Dunoon
Jurisdiction
Scotland
Judgment Date
16 December 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; Lord Ordinary's interlocutor affirmed.
Legal Topics
Remuneration of Public Officials, Statutory Interpretation, Municipal Registers, Duties of County Assessors
Local Government Law Administrative Law Remuneration of Public Officials Statutory Interpretation Municipal Registers Duties of County Assessors

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Parties

David Murray Maxtone

Pursuer

The Provost, Magistrates, and Councillors of Dunoon

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a county assessor is entitled to remuneration from a burgh for personal services in making up the municipal register under the Town Councils (Scotland) Act 1900, or only to repayment of necessary outlays.

Ratio Decidendi

The Town Councils (Scotland) Act 1900 does not entitle a county assessor to remuneration from a burgh for making up the municipal register; only necessary and proper outlays are recoverable. The statute imposes the duty without providing for additional remuneration, and 'expenses' does not include remuneration absent express provision.

Court Disposition

Appeal dismissed; Lord Ordinary's interlocutor affirmed.

Orders

  • Defenders not bound to remunerate pursuer for services in making up the municipal register.
  • Defenders bound to repay necessary and proper expenses incurred by pursuer in making up the register.