United Kingdom House of Lords Decisions

Subject_Provisional Order — Competency — Litigation Pending. Headnote:

The managers of Dorward's House of Refuge, Montrose, a charitable institution founded in 1838, promoted this Order to regulate the constitution of the management committee and also the classes of person to whom the benefits of the institution might be granted. The present management committee consisted of, 12 members nominated by the founder's testamentary trustees, 4 by the Town Council of Montrose, 4 by the Kirk Session of Montrose, and 4 by the heritors of the landward parish of Montrose, and this was in accord with a private Act of Parliament of 1851. Recently the Parish Councils of Montrose and of Craig, the creations of the Local Government (Scotland) Act 1894, had sought representation on the ground that the present state of matters was not in accord with the intentions of the founders. The Parish Councils had also objected to inmates having been received from a very wide area. The questions between the parties were being litigated in the Court of Session. The Order proposed to stereotype the existing state of matters and practice.

After hearing counsel the Commissioners intimated that they were unable to deal with the merits of the Order in respect there was pending litigation.