The Commissioners of The Burgh of Blairgowrie and Others Petitioners [1901] ScotLR 39_67 (05 November 1901)

The Commissioners of The Burgh of Blairgowrie and Others Petitioners [1901] ScotLR 39_67 (05 November 1901)

The Commissioners under the Act of 1862 became the Commissioners under the Act of 1892, and the property originally held by the Town Council under the charters vested in the Commissioners under the Act of 1892. No entirely new election was required. The present Commissioners now constitute the Town Council under the...

Source-derived case information.

Citation
[1901] ScotLR 39_67
Parties
Petitioners: The Commissioners of The Burgh of Blairgowrie and Others; Respondent: Feudal Superior (not named)
Jurisdiction
Scotland
Judgment Date
05 November 1901
Procedural Posture
Petition for Declarator / Final Judgment
Outcome
Petition granted. Declarator pronounced in terms of the prayer.
Legal Topics
Burgh Administration, Transfer of Municipal Property, Supersession of Charters, Interpretation of Scottish Municipal Statutes
Local Government Law Municipal Law Property Law Burgh Administration Transfer of Municipal Property Supersession of Charters Interpretation of Scottish Municipal Statutes

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Parties

The Commissioners of The Burgh of Blairgowrie and Others

Petitioners

Feudal Superior (not named)

Respondent

Procedural Posture

Petition for Declarator / Final Judgment

Legal Issues

  1. 1 Whether the Police Commissioners under the Act of 1862 became the Commissioners under the Act of 1892
  2. 2 Whether the property held by the Town Council under the charters vested in the Commissioners under the Act of 1892
  3. 3 Whether an entirely new election of Commissioners was required after the 1892 Act

Ratio Decidendi

The Commissioners under the Act of 1862 became the Commissioners under the Act of 1892, and the property originally held by the Town Council under the charters vested in the Commissioners under the Act of 1892. No entirely new election was required. The present Commissioners now constitute the Town Council under the 1900 Act, and the charters and Town Council under them are superseded by statute.

Court Disposition

Petition granted. Declarator pronounced in terms of the prayer.

Orders

  • Find and declare that the present Commissioners of the Burgh of Blairgowrie became the Commissioners under the Burgh Police (Scotland) Act 1892, and now constitute the Town Council of the burgh in the sense of the Town Councils (Scotland) Act 1900.
  • Declare that the Commissioners have superseded the Town Council elected under the charters of the burgh dated 5th December 1809, 23rd February 1829, and 10th September 1873.