Incorporation of Tailors of Edinburgh, Petitioners [1912] ScotLR 480 (23 February 1912)

Incorporation of Tailors of Edinburgh, Petitioners [1912] ScotLR 480 (23 February 1912)

The Court refused to sanction the proposed alterations to the bye-laws because they constituted a scheme for the endowment of the sole member's family, were not for the benefit of the tailoring trade, and were not just and expedient. The Court held it had no power to impose a new scheme or allow non-members to submit one under its statutory jurisdiction.

Citation
[1912] ScotLR 480
Parties
Petitioner: Incorporation of Tailors of Edinburgh; Respondent: James Campbell Dewar (Judicial Factor and Trustee); Respondent: The Lord Advocate (representing His Majesty as ultimus hæres); Respondent: The Lord Provost, Magistrates, and Council of the City of Edinburgh; Respondent: Councillor John Harrison and others (on behalf of the tailors' trade in Edinburgh)
Jurisdiction
Scotland
Judgment Date
23 February 1912
Procedural Posture
Petition for Sanction of Alterations to Bye Laws Under Statute / Final Judgment
Outcome
petition dismissed
Legal Topics
Alteration of Bye Laws, Friendly Societies, Trade Incorporations, Statutory Powers of Court, Ultra Vires Acts, Locus Standi
Corporate Law Trusts and Estates Statutory Interpretation Alteration of Bye Laws Friendly Societies Trade Incorporations Statutory Powers of Court Ultra Vires Acts +1 more

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Parties

Incorporation of Tailors of Edinburgh

Petitioner

James Campbell Dewar (Judicial Factor and Trustee)

Respondent

The Lord Advocate (representing His Majesty as ultimus hæres)

Respondent

The Lord Provost, Magistrates, and Council of the City of Edinburgh

Respondent

Councillor John Harrison and others (on behalf of the tailors' trade in Edinburgh)

Respondent

Procedural Posture

Petition for Sanction of Alterations to Bye Laws Under Statute / Final Judgment

Legal Issues

  1. 1 Whether the Court should sanction proposed alterations to the bye-laws of the Incorporation of Tailors of Edinburgh under section 3 of the Act for the Abolition of the Exclusive Privilege of Trading in Burghs in Scotland (9 and 10 Vict. cap. 17)
  2. 2 Whether the proposed alterations were just and expedient or amounted to an improper diversion of the Incorporation's funds
  3. 3 Whether the Court could impose a scheme of its own or allow non-members to submit a scheme

Ratio Decidendi

The Court refused to sanction the proposed alterations to the bye-laws because they constituted a scheme for the endowment of the sole member's family, were not for the benefit of the tailoring trade, and were not just and expedient. The Court held it had no power to impose a new scheme or allow non-members to submit one under its statutory jurisdiction.

Court Disposition

petition dismissed

Orders

  • Petition for sanction of alterations to bye-laws refused and dismissed de plano.