This action was instituted by certain pensioners of the Mortification of Trinity Hospital of Edinburgh against the Lord Provost, Magistrates, and Town Council, both as representing the community of the city and as administrators and Governors of the Hospital, and the Presbytery of Edinburgh. The summons concludes for a decree of declarator that the Church called Trinity College Church, with the building known as Trinity Hospital, were vested in the pursuers ‘as trustees and administrators solely and exclusively for the ends, uses, and purposes mentioned and contained in a charter of King James VI., dated 12th Nov. 1567, and the de enders are not entitled to use and apply the property thereby conveyed, or the produce or prices thereof, in any other manner, or for any other uses and purposes than the uses and purposes prescribed and mentioned in the said charter;’ and in particular, that they are bound to apply the sum of pounds 17,671, 9s. 6d. received from the forth British Railway Company, as therein mentioned, exclusively for behoof of the hospital in terms of that charter; and that they are not entitled to apply any part of that sum ‘in the purchase of ground, or site for, or in the erection of a church to be used as one of the city churches of Edinburgh, or for any other purpose not conducive to the use and benefit of the said Trinity Hospital.’
The Court of Session, on 26th June 1860, found that the sum received from the Railway Company was applicable to the action of a site and the erection of a church within the locality designated as the parish of Trinity College, or as near thereto as conveniently may be, with equal convenience of access and accommodation, and of the same style and model as the church formerly existing, and that the Magistrates were bound to apply the said money, or an much thereof as might be necessary, for the accomplishment of these purposes. The House of Lords on appeal reversed this finding on 15th February 1864, and the case then came back to the Court of Session in order that effect should be given to the judgment of the House of Lords, by which it was declared that after expending a sum not exceeding pounds 7000 in purchasing a site and rebuilding the church, ‘all the residue of the money received from the said railway company, and all interest thereon, and all the rest of the property of the said hospital, is applicable to the enlargement and maintenance of the said charity, as declared by the charters dated respectively 12th November 1567 and 26th May 1587, in such proceedings mentioned according to a scheme to settled for the purpose, including therein the rebuilding of the hospital, if the same shall be deemed necessary.’ A state and scheme having been ordered by the Court and lodged by the magistrates, the University of Edinburgh made appearance in the case, and asked leave to sist themselves as parties, in order that they might establish a claim which they made to be found entitled and preferred to the one-half of the revenues and property of the foundation, or to such portion thereof as shall be considered just. The Court, without formally sisting the University, allowed it to lodge a condescendence and claim, and a record was made up and closed as betwixt it and the magistrates. It is unnecessary to detail the grounds of the claim as these are fully stated in the judgment of the Court.
[1866] SLR 3 – 84 – 1
Bailii
Scotland
Updated: 29 August 2021; Ref: scu.574652 br>