Scottish Court of Session Decisions

This petition prayed for the sequestration of certain property mortified in trust by four persons, named respectively Clark, Guild, Gibson, and Hallyburton, to the Town Council of Dundee, and the appointment of a judicial factor. The ground of the application was that the Town Council had been in the practice of lending the funds of the mortifications to themselves, and mixing them up with the town's general funds. The application was opposed on the ground that public trustees, such as a town council, were entitled to do what was complained of, and that this principle was acted on generally throughout Scotland. The case was heard in June last, when the judges were unanimously of opinion that a town council was not entitled any more than any other trustees to lend the trust funds to itself. In consequence of this opinion the funds have been during the vacation invested on a proper footing; and to-day the Court held that it was therefore not necessary to proceed farther in the application except to find the petitioners entitled to the expenses they had incurred—which was done.