Eadie and Others v. Glasgow Town Council

Subject_1 Burgh Subject_2 Common Good Subject_3 Accounts Subject_4 Objections — Timeous Lodging of Objections — Royal Burghs (Scotland) Act 1822 (3 Geo. IV, c. 91), secs. 3, 10 — Royal Burghs (Scotland) Act 1833 (3 and 4 Will. IV, c. 76), sec. 32 — Glasgow Municipal Act 1879 (42 and 43 Vict. c. cxxiii), sec. 10.

Burgh — Accounts — Vouchers — Production of Vouchers for All Sums Charged in the Accounts.

Process — Citation — Corporation — Citation by Individual Members — Disclaimer. Facts: The Royal Burghs (Scotland) Act A corporation may be cited either by its corporate name or by calling the individual members thereof in their representative capacity; and where a corporation is cited in the latter mode the individual members, being cited in their representative capacity, not as individuals, cannot disclaim or avoid being present so long as a majority of the corporation desire to defend.

Held that the Act of 1879 in altering the date for making up the accounts has not thereby altered the period prescribed by the Act of 1822 for lodging objections, and that objections to the accounts for the year ending 31st May 1906, which had been lodged in accordance with the “time-table” of the Act of 1822, had been timeously lodged.

A corporation may be cited either by its corporate name or by calling the individual members thereof in their representative capacity; and where a corporation is cited in the latter mode the individual members, being cited in their representative capacity, not as individuals, cannot disclaim or avoid being present so long as a majority of the corporation desire to defend.