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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> University Court of Aberdeen Petitioners [1901] ScotLR 39_108 (14 November 1901) URL: http://www.bailii.org/scot/cases/ScotCS/1901/39SLR0108.html Cite as: [1901] SLR 39_108, [1901] ScotLR 39_108 |
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Page: 108↓
In a petition for the settlement of a scheme under an educational bequest, intimation and advertisement were ordered by the Lord Ordinary on the Bills during vacation. The Court ordered intimation and advertisement to be made of new.
The University Court of the University of Aberdeen presented a petition in the Court of Session for the settlement of a scheme for the administration of a bequest made to them by the late Dr F. W. Lyon.
On 6th April 1901 an interlocutor ordering intimation and advertisement was pronounced by the Lord Ordinary on the Bills during vacation.
No answers were lodged.
On 14th May 1901 the First Division remitted to Mr J. H. Millar, Advocate, to report upon the facts and circumstances set forth in the petition, and the regularity of the procedure.
On November 13, 1901, Mr Millar lodged a report, from which the following is an excerpt:—“It is to be observed, however, that the aforesaid interlocutor ordering intimation and advertisement was pronounced by the Lord Ordinary on the Bills during vacation. By section 10 of the Distribution of Business Act 1857 the same powers are conferred upon the Lord Ordinary on the Bills during vacation, with respect to a certain class of petitions, as are by the same statute conferred upon the Junior Lord Ordinary. Again, section 16 of the Trusts (Scotland) Act 1867, enacts that the power of a Lord Ordinary, before whom a petition in terms of that Act is enrolled, may be exercised by the Lord Ordinary on the Bills during vacation. But the present application appears to fall under neither of these statutes. It is a petition invoking the nobile officium of the Court, and is presented in the Inner House. No ground of urgency is apparent to bring it within the limited class of cases in which, apart from statutory provisions, and according to custom and practice, the exercise of the nobile officium of the Court is held to be delegated to the Lord Ordinary on the Bills during vacation. The reporter has accordingly thought it right to direct your Lordships' attention to the question whether intimation and advertisement should not be ordered of new, and in this connection he begs respectfully to refer to the cases of Steuart v. Chalmers, June 14, 1864, 2 Macph. 1216, and Greig, July 20, 1866,
4 Macph. 1103.”
The Court, without delivering opinions, ordered intimation and advertisement to be made of new.
Page: 109↓
Counsel for the Petitioners— Lorimer. Agents— Morton, Smart, & Macdonald, W.S.
