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Scottish Court of Session Decisions >>
Archibald Wilson v The Magistrates of Queensferry. [1668] Mor 1835 (2 January 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor0501835-001.html Cite as:
[1668] Mor 1835
Archibald Wilson v. The Magistrates of Queensferry
Date: 2 January 1668 Case No. No 1.
A person suspended a charge to accept of the office of Bailie of a Royal Burgh, upon act 1469. c. 29. which prohibits magistrates from continuing longer than one year, as he had now done. The reason of suspension was found relevant.
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Archibald wilson being elected one of the Bailies of the South Queensferry, and being charged to accept and exercise the office, suspends on this reason, that by the 29th act, Parl. 5th, King James III. no magistrate of burgh is to be continued in office longer than one year; and by a particular act of that burgh, no magistrate is to continue above two years; and true it is, that the suspender hath served as Bailie two years already.—It was answered, That the act of Parliament is long since in disuetude; and as to the act of the burgh, the election of the suspender being done by them, who have power to make that act, is in effect an alteration thereof; and this burgh being poor, and penury of persons to serve, it will dissolve the same, and discourage all others to serve, if the suspender be liberate.
The Lords found the reasons of suspension relevant; and found, that the suspender could not be compelled to serve longer than one year at once in the same office.
Fol. Dic. v. 1. p. 117. Stair, v. 1. p. 498.*** The same case is reported by Dirleton:
Archibald Wilson being charged to accept the office of a Bailie of the town of Queensferry, suspended upon the act of Parliament, James III. Parliament 5th, cap. 29. whereby it is statute, that magistrates within burghs should not be continued longer than a year; and subsumed that he had served the preceding two years.
This case being reported, the Lords found the reason relevant.
And albeit the act of Parliament be not in observance, especially in Edinburgh, the present provost having been in that place diverse years, yet the ambition and unwarrantable practice of those who violate the said act, and others made to that purpose, ought not to prejudge others who are more sober, and claim the benefit of the same.
