Magistrates of Haddington v. Thomas Bernard & Co., Ltd [1901] UKHL 199 (16 December 1901)

Magistrates of Haddington v. Thomas Bernard & Co., Ltd [1901] UKHL 199 (16 December 1901)

The majority held that the lands at West Miln Haugh were included within the royal burgh of Haddington by the 1624 charter, as they were the property of the burgh at that time and thus formed part of the royalty. The terms of the 1815 contract and subsequent feu disposition did not override the rights conferred by the charter. Therefore, the pursuers were entitled to levy petty customs on goods entering the defenders' premises at West Miln Haugh.

Citation
[1901] UKHL 199
Parties
Pursuer: Provost, Magistrates, and Council of the Royal Burgh of Haddington and James Thomson; Defender: Thomas Bernard & Company, Limited
Jurisdiction
United Kingdom
Judgment Date
16 December 1901
Procedural Posture
Action of Declarator and Payment / Appeal From Lord Ordinary to House of Lords
Outcome
Appeal allowed; decree granted in favour of pursuers for declarator and payment as concluded for.
Legal Topics
Royal Burgh Customs, Interpretation of Charters, Municipal Boundaries, Levy of Petty Customs, Through Customs Vs. Petty Customs
Local Government Law Property Law Taxation Royal Burgh Customs Interpretation of Charters Municipal Boundaries Levy of Petty Customs Through Customs Vs. Petty Customs

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Parties

Provost, Magistrates, and Council of the Royal Burgh of Haddington and James Thomson

Pursuer

Thomas Bernard & Company, Limited

Defender

Procedural Posture

Action of Declarator and Payment / Appeal From Lord Ordinary to House of Lords

Legal Issues

  1. 1 Whether the Magistrates of Haddington are entitled to levy petty customs on goods entering West Miln Haugh premises owned by Thomas Bernard & Co., Ltd.
  2. 2 Whether West Miln Haugh is within the boundaries of the royal burgh for the purposes of customs levy
  3. 3 Whether the right to levy customs is affected by the 1815 contract and subsequent feu disposition

Ratio Decidendi

The majority held that the lands at West Miln Haugh were included within the royal burgh of Haddington by the 1624 charter, as they were the property of the burgh at that time and thus formed part of the royalty. The terms of the 1815 contract and subsequent feu disposition did not override the rights conferred by the charter. Therefore, the pursuers were entitled to levy petty customs on goods entering the defenders' premises at West Miln Haugh.

Court Disposition

Appeal allowed; decree granted in favour of pursuers for declarator and payment as concluded for.

Orders

  • Declarator that the Magistrates of Haddington are entitled to levy petty customs on goods entering the defenders' premises at West Miln Haugh.
  • Order for payment of £42, 10s. 9d. to the pursuer James Thomson as tacksman for customs due as at 15 May 1899.