Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by DAVID FALCONER, ADVOCATE.

The Trustees for the Fund for providing Ministers' Widows
v.
The King's College of Aberdeen

Date: 9 January 1749

Click here to view a pdf copy of this documet : PDF Copy

A scheme was laid before the General Assembly, and approved of by them, for providing the widows and children of ministers, by means of certain annual payments to be imposed on all beneficed ministers: and the Universities of St. Andrews, Glasgow, and Edinburgh, desired to be comprehended in it; but the King's College of Aberdeen, at a meeting for that purpose, declined being comprehended.

Application was made to Parliament, and an act obtained, declaring, That if the University of Aberdeen, or any of the Colleges therein, should apply to the next General Assembly, they should be comprehended in like manner as the other Universities. And the Marshal College applied accordingly.

At a meeting of the members of the King's College, by means of a variation in the sederunt from the former meeting, it was resolved to apply to the Assembly; there being eight members present, and the question carried by the Principal, claiming both a deliberative and a casting vote.

Application was made and sustained by the Assembly ; and the opposing members made their election, not to be comprehended personally, as by the act present incumbents were entitled to do.

The trustees pursued a succeeding Professor for his proportion.

Answered, The College is not comprehended in the scheme; 1st, For that the meeting could not take under their consideration what had been determined by a former meeting.

Replied, The statute subsequent to the first meeting, gave them still the choice of making an application.

Answer 2d, The Principal is not entitled to two voices ; and so the question was not carried for applying: he has by the foundation two votes in matters of election; which being granted him in that case, excludes any such claim in others.

Reply, 1st The judging upon the application was committed to the General Assembly, and the judgment given by them is final; which behoved to be, as within six months thereafter, all the present incumbents were to declare whether they desired to be comprehended or not, and choose their rates, or be concluded by the rate fixed by the act; so that then the books were to be made up, and the trustees to know the state of the scheme, and proceed to its execution.

2dly, The Principal has in all matters been accustomed to claim, and is entitled to a deliberative and casting vote: the College was founded by a Bishop, upon the plan of a Dean and Chapter, as appears by the foundation; and if that gives expressly two votes in matters of election, it is because these were to be carried on in presence of the Rector, who, if it had not been otherwise provided, might have claimed the casting vote.

The Lords found that the College was in the same circumstances with all the other Colleges in the kingdom ; that they were entitled to the benefits conferred by the Act of Parliament, and subject to the burdens thereby imposed.

Act. R. Dundas. Alt. Burnet. Kirkpatrick, Clerk.

Vol. II No. 41. page 38.