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Scottish Court of Session Decisions >>
The Royal Fishing Company v Halton. [1680] 3 Brn 380 (7 December 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030380-0517.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Royal Fishing Company v. Halton
Date: 7 December 1680
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His Royal Highness the Duke of York being present, the members of the Royal Fishing Company represented, that his Majesty, by his 5000 pounds sterling of capital or stock, having fifty votes, each 100 pounds giving a vote, and delegating the whole fifty votes to one person, viz. my Lord Halton, he engrossed the whole administration of the society into that one person's hands; which made the affair suffer exceedingly in its true interest; for, the fifty votes being the plurality, Halton carried these many years what he pleased; so that they needed only ask his suffrage, which made it resolve in a monopoly.
The Lords (contrary to the Duke of York's private opinion,) took the courage to show their justice and decide against the King; and found, by the contract of copartnery, one proxy could not have all his votes; (though I think it was and is yet lawful to vote by proxies:) but if his Majesty pleased to dispose on and parcel out his votes to fifty several persons, they would each of them have a vote; as my Lord Tweeddale had assigned his son Yester to 100 pounds of his, and so given him also a vote. For Sir G. Lockhart urged that plus vident oculi quam oculus; and fifty persons would consult more rationally, and fall upon better expedients for the good of the whole society, than any one man. This touched Halton.
