The Greenock Harbour Act 1880, sec. 70, enacts-‘Every application for a judicial factor under the provisions of this Act shall be made to the Sheriff, and on any such application the Sheriff may, by order in writing, after hearing the parties, appoint some person to receive the whole, or a competent part of the rates and duties and other revenues of the trust until all the arrears of interest or of principal, as the case may be, . . be fully paid.’
Held (aff. judgment of the Court of Session) that a judicial factor so appointed had no power at his own hand to raise the rates, his only power being to receive them when collected, and to apply the funds so received.
Judges:
Lord Chancellor (Loreburn), Earl of Halsbury, and Lord Atkinson
Citations:
[1910] UKHL 352, 47 SLR 352
Links:
Jurisdiction:
Scotland
Land
Updated: 17 June 2022; Ref: scu.619780