Allan v. The Incorporation of Cordiners of Edinburgh [1904] ScotLR 42_95 (30 November 1904)

Allan v. The Incorporation of Cordiners of Edinburgh [1904] ScotLR 42_95 (30 November 1904)

The Court held that, as of 1846, the Incorporation did not have autonomous power to alter entry-money without external sanction; the 1850 bye-laws, sanctioned by the Court of Session, required that any subsequent alteration to entry-money also receive Court sanction. Since the defenders' increases in entry-money after 1850 were not sanctioned by the Court, they were invalid. The applicant was therefore entitled to admission on payment of the 1850 rate (£160).

Citation
[1904] ScotLR 42_95
Parties
Pursuer: James Allan; Defender: The Incorporation of Cordiners of Edinburgh (and its deacon and treasurer)
Jurisdiction
Scotland
Judgment Date
30 November 1904
Procedural Posture
Action of Declarator / Inner House, First Division, on Reclaiming Motion (appeal) From Lord Ordinary's Interlocutor
Outcome
Decree for the pursuer; interlocutor of Lord Ordinary adhered to.
Legal Topics
Trade Incorporations, Bye Laws, Entry Money, Burgh Trading Act 1846, Sanction of Court to Bye Laws, Friendly Societies, Ratification of Corporate Rules
Administrative Law Charity Law Corporate Law Local Government Law Trade Incorporations Bye Laws Entry Money Burgh Trading Act 1846 +3 more

Case Brief

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Parties

James Allan

Pursuer

The Incorporation of Cordiners of Edinburgh (and its deacon and treasurer)

Defender

Procedural Posture

Action of Declarator / Inner House, First Division, on Reclaiming Motion (appeal) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether post-1850 alterations to entry-money required sanction of the Court of Session to be valid
  2. 2 Whether the Incorporation had autonomous power to alter entry-money without external sanction prior to 1846
  3. 3 Whether the applicant was entitled to admission on payment of the 1850 sanctioned entry-money

Ratio Decidendi

The Court held that, as of 1846, the Incorporation did not have autonomous power to alter entry-money without external sanction; the 1850 bye-laws, sanctioned by the Court of Session, required that any subsequent alteration to entry-money also receive Court sanction. Since the defenders' increases in entry-money after 1850 were not sanctioned by the Court, they were invalid. The applicant was therefore entitled to admission on payment of the 1850 rate (£160).

Court Disposition

Decree for the pursuer; interlocutor of Lord Ordinary adhered to.

Orders

  • Find that the pursuer was on 24th June 1903 entitled to be admitted a member of the Incorporation as an intrant at the far hand, upon payment of the entry-money fixed in the bye-laws and regulations sanctioned in 1850.
  • Find that the defenders are not entitled to exact as a condition of admitting the pursuer any higher dues of entry than those prescribed by the 1850 bye-laws and regulations.