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Scottish Court of Session Decisions >>
William Walker, Town-clerk of Inverkeithing, Supplicant. [1761] Mor 7447 (25 July 1761)
URL: http://www.bailii.org/scot/cases/ScotCS/1761/Mor1807447-168.html Cite as:
[1761] Mor 7447
William Walker, Town-clerk of Inverkeithing, Supplicant
Date: 25 July 1761 Case No. No 168.
It is a privilege of the Court of Session, where an election of Magistrates is voided, to name persons to supply the want of the office bearers.
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The election of Magistrates for the burgh of Inverkeithing made at Michaelmas 1760, being set aside by a sentence of the Court of Session for bribery and corruption, an application was made to the Court by the town-clerk of the burgh, setting forth, That by the want of Magistrates, those interested in burgage tenements were deprived of the ordinary means to complete their titles, or to alien; and therefore praying a warrant and commission to David Rankine and James Young, who were Bailies for the year preceding Michaelmas 1760, to execute the office of Bailies as far as concerns the receiving resignations and the giving infeftments held burgage, until Bailies be regularly established; and to authorise the common clerk of the burgh to be notary to such resignations and infeftments.
In support of this application, instances were given of persons authorised by the Court to officiate as commissaries pro tempore during the vacancy of the office. The election of Magistrates and Councillors for the city of Edinburgh, at Michaelmas 1745, having been obstructed by the rebellion, the Court, anno 1746, granted commission to the persons who had been Bailies the year preceding to receive resignations and grant infeftments of burgage tenements. And the double election of the burgh of Linlithgow being reduced, the Court, December 1755, granted warrant and commission to those who had been Bailies the year preceding, “for receiving resignations and giving infeftments of burgage tenements, until Bailies be regularly established; and authorised the common clerk of the burgh to be notary to all such deeds; and ordained instruments of sasine to be recorded, either in his prothocal, or in the register of sasines within the burgh; and allowed the warrant to be extracted without abiding the course of the minute-book.”
The desire of the present petition was granted in the same terms.
Sel. Dec. No 184. p. 249.
*** See No 155. p. 7435. and the three cases which follow it.
