BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Jaffray v The Magistrates and Town-Council of Stirling. [1741] Mor 7681 (21 July 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor1807681-383.html Cite as:
[1741] Mor 7681
Town Council of Burgh, and Bailie Court. - Burgh of Barony.
Jaffray v. The Magistrates and Town-Council of Stirling
Date: 21 July 1741 Case No. No 383.
Jurisdiction of the Town-council of a burgh, as to who are entitled to be members of council.
Click here to view a pdf copy of this documet : PDF Copy
The Town-council of Stirling, after electing James Jaffray in the council, having discovered that he was minor, did, upon proof taken, suspend him from said office during his minority; whereof he having presented a bill of suspension, in which he objected to the council's power, informations on that point were ordered; and upon advising thereof, the Court was unanimous, “that as the minor was incapable of the office, so the council had power to suspend him.”
Were any one convened before the council, it would be a relevant objection to a member of the council that he was minor; and all courts must have power to judge of declinators against any of their number. And as this is a declinator which reaches every case, the Court may ex proprio motu cognosce upon it.”
Fol. Dic. v. 3. p. 362. Kilkerran, (Jurisdiction.) No. 1. p. 321.
