[9] The Claim of Right (1689) provides that the changing "the nature of the judges gifts ad vitam aut culpam into commissions durante beneplacito" is "contrary to law".
It was decided, however, that it was not contra bonos mores for the trustees of[14] an endowed school to appoint a teacher removable at pleasure (Bell, 1838, 16 S 1136; affd 2 Rob App Ca 286); and it was held legal for commissioners acting under the Burgh Police Act 1862, s 67, to define their clerk's term of office (Hamilton, 1871, 9 M 826).
Some succeeded to a substantial extent, inducing the Court to hold that they could not be removed arbitrarily or capriciously, but only for some reasonable cause, which, however, need not necessarily infer misbehaviour.
The following officials unsuccessfully contended that an indefinite appointment necessarily meant in their case one ad vitam aut culpam :—Extractors appointed by the Principal Clerks of Session (1741, Mor 13125); teachers in private schools (Mason, 1836, 14 S. 343; Gibson, 1837, 16 S 301, 1 Rob App Ca 16; Bell, ut supra); the clerk to the magistrates of a burgh of barony (Dykes, 1840, 2 D 1274); a collector of poor rates (Shaw, 1862, 24 D. 609); an ordained foreign missionary of the Church of Scotland (Hastie, ut supra).
[16] Cases dealing with an express appointment ad vitam aut culpam are those of Taylor (1767, Mor 13128) and Abercromby (1802, Mor 13154), in which it was held that employers were not entitled to appoint assistants to clerks holding expressly ad vitam aut culpam, even where there was no interference with the patrimonial rights of the latter.
"The Court will interfere only where there is irregularity, precipitation, and oppression in the course of the proceedings, and manifest failure to make out any serious case on the merits" (per LJC Hope in A B, 1844, 6 D 1238).
The culpa had to be such as disqualified for the proper discharge of the duties of the office; and so, in the case of a schoolmaster, grave moral delinquencies were held to justify dismissal, although his ability and diligence in teaching were unimpeached (A B, 1825, 4 S 63; A B, ut supra).