Corporation. Community.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Corporation.” Public domain.
Legal Subject: Corporation |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Boyd (Provost of Linlithgow) v. Cunningham | 1832 | Interlocutor, Suspension, Expenses, Adjudication, Sist, Corporation | Cuninghams & Bell, W.S., asked the Court to allow them to sist themselves as parties in the suspension between pursuer John Boyd and defender George Cunninghame, seeking to repeat the interlocutor in their favour. Based on the single document cataloged for this case. |
| Gardner v. Corporation of Goldsmiths in Edinburgh | 1792 | Tax, Debt, Corporation, Aliment, Interlocutor, Statute | Alexander Gardner and David Downie, goldsmiths in Edinburgh, pursued the Corporation of Goldsmiths regarding the incorporation’s resolution to abolish the marking-money tax and its appropriation of marking money for private use. The Corporation defended its actions by citing the opulence of its funds and historical precedent for tax abrogation, while the pursuers contended that the assay office marking fees constituted wages rather than assessments and that the corporation bore no liability for such expense. The litigation proceeded through mutual petitions to alter interlocutors and answers exchanging these respective positions. |
| High v. Main | 1788 | Election contest, Election, Oath, Corporation, Adjudication, Voting rights | Thomas High and Robert Main contested the deaconship of the Kinghorn Weavers' Incorporation, Main having petitioned to alter the council's decision admitting High to the office in his place. The central question was whether town-servants under the magistrates held voting rights in such elections, with the complainers citing precedents from Inverkeithing, Cupar, Perth, and Haddington to support their position. James Donaldson and others raised parallel challenges to the election of the deacon of the bakers, and the parties submitted answers and petitions seeking alteration of the Court's interlocutors. |
| Incorporation of Goldsmiths v. Cunningham, White, Marshall and Sons | 1801 | Statute, Privilege, Corporation, Disuse | The Incorporation of Goldsmiths brought a claim against jewelers and metal workers who were not part of their incorporation for selling jewelry and metal works. The Incorporation of Goldsmiths argued that Parliament had conferred exclusive privileges to the incorporated goldsmiths to search for, manufacture, and sell metal works, and that the defendants had been doing the same illegally since they were not properly incorporated. The non-incorporated defendants argued that after a certain practice has been maintained for a substantial time, i.e. their selling metal works despite their non-incorporated status, the statute conferring the privileges falls into disuse and becomes moot. |
| John Finlay and Others v. John Newbigging and Others | 1792 | Debt, Aliment, Corporation, Reduction, Succession, Election contest | John Finlay and other weavers petitioned the Court to overturn Lord Ankerville’s interlocutor, alleging that reformers within the Incorporation of Weavers in Lanark had illegally excluded them and misused funds in violation of the by-laws. John Newbigging and other members answered, maintaining that the respondents possessed no right to expel members for non-payment of assessments. |
| John Wilson and Others v. James Scott and Others | 1792 | Debt, Aliment, Corporation, Charter, Succession, Interlocutor | John Wilson and others pursued James Scott, late Deacon, and other members of the Incorporation of Hammermen in Glasgow, contending that the defenders had unlawfully applied £20 from the corporation's funds to burgh reform. The defenders maintained that the Incorporation possessed legal power to apply its funds for public reform purposes. After the pursuers noted the financial history and assessment of the corporation, the defenders petitioned the Court to alter its recent interlocutor. |
| Tailors of Glasgow v. Hugh M'Kechnie and Others | 1777 | Corporation, Burgh Royal, Poor, Common Law, Right of Employment, Female Occupation, Soldier | Finlay Ferguson, George Ferguson, and James Wallis all served in the British Army, and they all had daughters who married journeymen tailors. After their marriage, the three men: Hugh Mackechnie, Christopher Taes, and Peter Clydesdale, set up as master tailors in Glasgow. Not being members of the Incorporation of Tailors, they based their right to practice tailoring upon the statute 3d Geo. III. c. 8., which declared that soldiers, their wives, and children, were entitled to "set up, and exercise such trades, as they are apt and able for, in any town or place, within the kingdoms of Great Britain and Ireland, without any let, suit, or molestation, of any person or persons whatsoever.” The Incorporation of Tailors brought a complaint against these men in 1776. The Magistrates of Glasgow ruled that they must pay 5 s. sterling, cease from working as master-tailors under penalty of 100 merks Scots, and be imprisoned in the tolbooth until they should make payment and grant bond. Arguing that this incarceration was "violent and illegal," the defenders obtained letters of suspension and liberation. The case came before Lord Stonefield, who ruled against them. They next petitioned the Court for review. The Court adhered to Lord Stonefield's interlocutor, and decided that the statute in question "does not entitle the daughter of a soldier to confer that privilege upon her husband." |
