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Scottish Court of Session Decisions >>
Mr John Cunningham Provost, and Others, Magistrates of Inverkeithing, v Sir Robert Henderson Provost, and Others, Magistrates of Inverkeithing. [1745] Mor 1840 (29 January 1745)
URL: http://www.bailii.org/scot/cases/ScotCS/1745/Mor0501840-006.html Cite as:
[1745] Mor 1840
Mr John Cunningham Provost, and Others, Magistrates of Inverkeithing, v. Sir Robert Henderson Provost, and Others, Magistrates of Inverkeithing
Date: 29 January 1745 Case No. No 6.
The Court approved of an alteration in the set of a burgh, made by the Convention of Royal Burghs.
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The set of the burgh of Inverkeithing consisted of a provost, two bailies, a dean of guild, and ten burgesses at the least, making fifteen counsellors. The counsellors were for life, unless they demitted; and there being no representation of the trades in council, an application was made to the convention of royal burghs, in the year 1742, who appointed the deacons of the five incorporations, to wit, hammermen, weavers, baxters, taylors, and shoemakers, to be counsellors ratione officii, and that these deacons should be chosen in manner, and conform to the set of the burgh of Culross.
The day for electing the deacons is the 25th of September, and on the 29th is the election of the magistrates.
At Michaelmas 1744, as there was a dispute betwixt two parties in the town, one headed by Mr John Cunningham younger of Balbougie advocate, the last year's provost, and the other by Sir Robert Henderson of Fordel, who was chosen provost at this time by his side; the old deacons were hindered coming to council by Sir Robert's friends, because being counsellors ex officio, they ceast to be so by the expiration of their office.
The Lords, at advising a petition and complaint, presented by Mr Cunningham against the election of Sir Robert, were of opinion, That by the determination of the royal burghs, which neither party inclined to set aside, the trades ought never to be unrepresented in council; and therefore the old deacons had right to sit, at least till the new were received.
This was the purport of their interlocutor; to which, on a reclaiming bill, they adhered.
Act. W. Grant.Alt. Graham jun.Clerk, Hall.
Fol. Dic. v. 3. p. 100. D. Falconer, v. 1. p. 60.
