Carmichael v. Hector and Others [1916] ScotLR 420 (11 March 1916)

Carmichael v. Hector and Others [1916] ScotLR 420 (11 March 1916)

A pensioner of the school board is not a person 'holding an office of profit' under section 21 of the Education (Scotland) Act 1878 and is therefore not disqualified from nomination or membership of the school board.

Citation
[1916] ScotLR 420
Parties
Pursuer: John Nelson Carmichael; Defender: Thomas Hector; Defender: Alfred Beaumont and others (members of Aberdeen School Board); Defender: School Board of the Burgh of Aberdeen
Jurisdiction
Scotland
Judgment Date
11 March 1916
Procedural Posture
Civil Declarator and Reduction / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
Appeal refused; Lord Ordinary's judgment adhered to; declaratory conclusion granted; remaining and reductive conclusions dismissed.
Legal Topics
School Board Membership, Disqualification From Public Office, Interpretation of 'office of Profit', Pensioners and Eligibility
Public Law Education Law School Board Membership Disqualification From Public Office Interpretation of 'office of Profit' Pensioners and Eligibility

Case Brief

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Parties

John Nelson Carmichael

Pursuer

Thomas Hector

Defender

Alfred Beaumont and others (members of Aberdeen School Board)

Defender

School Board of the Burgh of Aberdeen

Defender

Procedural Posture

Civil Declarator and Reduction / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Does receipt of a pension from a school board constitute 'holding an office of profit' under section 21 of the Education (Scotland) Act 1878, thereby disqualifying a person from membership of the school board?

Ratio Decidendi

A pensioner of the school board is not a person 'holding an office of profit' under section 21 of the Education (Scotland) Act 1878 and is therefore not disqualified from nomination or membership of the school board.

Court Disposition

Appeal refused; Lord Ordinary's judgment adhered to; declaratory conclusion granted; remaining and reductive conclusions dismissed.

Orders

  • Refuse the reclaiming note and adhere to the interlocutor reclaimed against.
  • Find it unnecessary to dispose of the remaining and reductive conclusion of the action; dismiss the same accordingly, and decern.