Stewart v Secretary of State for Scotland 1998 Appellant's Argument Essay

Stewart v repository of State for Scotland 1998 Appellants Argument - seek ExampleAppellant contends that the narrower interpretation of the word inability is supported by earlier legislation inasmuch as it produced a comprehensive code for sheriffs jumper cable who demitted or was removed from office because of physical or psychical feebleness. He further asserts that if the wider interpretation is to accrue an anomalous result would be reached. He handsome that the word inability is not intended to mean unfit for duty due to behavioral infirmity as used in his case but to describe the natural consequence of not organism able to perform a sheriffs duty due to health reasons or disability. Appellant excessively assert that the Lord President and the Lord Justice Clerk erred and committed procedural lapses in their investigation. He asserts that he was not properly informed of the actual charges against him and that the charge was inability rather than misbehavior or defect in character. He further contends that he was not given the opportunity to baptismal font and respond to the allegation of the Lord President and the Lord Justice Clerks sources. ... Sheriff Courts (Scotland) Act 1838 repealed this training in particular by letting the sheriffs continue even after the death of the appointing officer. Under the then(prenominal) new law, the Sheriff has been made eligible to receive an annuity provided that they completed a minimum of ten years. In the same length, the same law also provided for instances where the sheriff was removed from office due to old age or permanent infirmity that disabled them to exercise the demands of their office. In Section 5 of the Sheriff Courts (Scotland) Act 1877 the word inability was first mentioned. The provision of this law provided that no sheriff should be removed except by a Secretary of State for inability or misbehavior upon a report of the Senior Judges. Consequently, Inability or Misbehaviour was used in s ection 18 of the Small Debts Act 1846 in relation to the remotion by Lord Chancellor of a county court judge. Section 38 of the Sheriff Courts (Scotland) Act 1853 charge the treasury to grant an annuity to a sheriff principal in circumstances where annuity could have been paid to a sheriff under the Act of 1838. Then in section 1 of the Sheriffs Tenure of Office (Scotland), Act 1898 empowered the Secretary of State on a report by the senior judges to remove sheriff principal who was by reason of inability or misbehavior unfit for his office.