Smith v. Heritors of Prestonpans [1903] ScotLR 40_303 (27 January 1903)

Smith v. Heritors of Prestonpans [1903] ScotLR 40_303 (27 January 1903)

The heritors' obligation to provide a water supply to the manse does not extend to relieving the minister of statutory water rates imposed on him as owner and occupier under public law; these liabilities are independent and not connected.

Citation
[1903] ScotLR 40_303
Parties
Pursuer: Rev. G. S. Smith; Defenders: Heritors of Prestonpans
Jurisdiction
Scotland
Judgment Date
27 January 1903
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Obligations of Heritors, Minister's Water Rates, Public Health Assessments, Liability for Rates
Property Law Ecclesiastical Law Local Government Law Obligations of Heritors Minister's Water Rates Public Health Assessments Liability for Rates

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Parties

Rev. G. S. Smith

Pursuer

Heritors of Prestonpans

Defenders

Procedural Posture

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

Legal Issues

  1. 1 Are heritors of a parish obliged to relieve the minister of water rates imposed by the local authority due to the manse being included in a special water-supply district?

Ratio Decidendi

The heritors' obligation to provide a water supply to the manse does not extend to relieving the minister of statutory water rates imposed on him as owner and occupier under public law; these liabilities are independent and not connected.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Action dismissed with expenses against the pursuer