Scottish Court of Session Decisions

The burgh of Kilrenny having been disfranchised by a judgment of Court, in consequence of an error having been committed in the election of bailies, which took place at Michaelmas 1823, three persons, now deceased, were on March 10, 1829, appointed interim managers of the affairs of the burgh until the magistracy should be restored, for the special purposes, and with the powers specified, in their appointment.

Thereafter, and on the application of two of the managers then surviving, the Court, on 26th February 1847, appointed the petitioners, along with Thomas Murray, fisherman in Cellardyke, now deceased, to be interim managers of the burgh.

The affairs of the burgh were managed by the persons so appointed till the death of the said Thomas Murray, which occurred about a year ago, and the petitioners have continued to manage the affairs to the present time, but circumstances have occurred to induce them to tender their resignation of office. They now crave the appointment of successors, and recommend Messrs John Martin, manufacturer, George Sharp, merchant, and Robert Brown, fisherman, all residing in Cellardyke, as fit and proper persons to be appointed managers.

The petition prayed the Court to “recall the appointment of the petitioners as managers foresaid, and in their stead to nominate and appoint the said John Martin, George Sharp, and Robert Brown, or some other qualified persons, to be managers of the affairs of the said burgh of Kilrenny, any two of them accepting and surviving being a quorum, with power to the said managers to discharge the duties of bailies of the said burgh, to conduct the judicial business of the Burgh Court, and to act in all matters connected with the affairs of the burgh until the corporate rights thereof shall be restored; and especially for the purpose of granting charters, and precepts, and writs of clare constat to vassals in lands and heritages belonging to the burgh—of receiving resignations, and giving sasines in any lands, tenements, or heritages held of the said burgh—of appointing taxers or stentmasters to lay on and collect the Queen's subsidy—of discharging the duties to be performed by magistrates, or magistrates and councils of burghs, in virtue of the statutes 2 and 3 Vict., cap. 42, and 7 and 8 Vict., cap. 34, and other Acts relative to prisons, and especially of laying on and collecting, or directing the laying on and collecting, of the assessments already apportioned, or which may hereafter be apportioned, on the said burgh, in the manner prescribed by the said statutes or otherwise, with power also to the said managers of performing the duties incumbent on magistrates, or magistrates and councils of burghs, under and in virtue of the Act 17 and 18 Vict., cap. 91, entitled ‘An Act for the Valuation of Lands and Heritages in Scotland;’ and also of the Act 19 and 20 Vict., cap. 58, entitled “An Act to Amend the Law for the Registration of Persons entitled to vote in the election of members to serve in Parliament for Burghs in Scotland”—of granting certificates to persons to keep common inns, ale-houses, or victualling-houses, to sell exciseable liquors by retail, to be drunk or consumed in the premises in which the same are sold, and otherwise, in terms of the statutes 9 Geo. IV., cap. 58, and 11 and 12 Vict., cap. 49, and other Acts thereanen—of sitting, acting, and voting as members of the Parochial Board for the management of the poor of the parish of Kilrenny, in virtue of the statute 8 and 9 Vict., cap. 83, and other Acts and instructions of the Board of Supervision following thereon—of appointing members to represent the burgh in the General Assembly of the Church of Scotland, and in the Convention of Royal Burghs in Scotland, and of appointing one of their number to perform the duties of a commissioner of supply for the county of Fife, with the power also of admitting and enrolling qualified persons as burgesses of the said burgh on payment of the usual fees of entry—of regulating the weights and measures within the said burgh—of setting the lands and common good of said burgh—of raising and defending such actions as may be necessary, and of settling the same—of taking charge of such funds and patrimonial interests as fall under the management of the office-bearers of the burgh—of appointing one of their own number to be chief manager from time to time during their pleasure, having power to call meetings of the managers and to preside thereat, and of appointing one of their number, or any other fit person, to be treasurer or chamberlain, and to recall his appointment at pleasure, and likewise with the power of appointing a town-clerk and a procurator-fiscal, and other officers—and generally with the power of exercising the whole functions of the Magistracy and Town Council of the said burgh.”

The Court to-day, after hearing counsel for the petitioners, granted the prayer of the application, except those portions of it printed in italics, and farther authorised the managers now appointed to examine the accounts of their predecessors, and, on the same being found correct, to exoner and discharge them of their whole intromissions and management. The Court also found that the expenses of the present procedure should form a good and lawful charge against the funds of the burgh.

In regard to the powers prayed for, which were, not granted, the Court thought that, as their exercise had not been required in the burgh for thirty-eight years, they need not be granted now.

Page: 192↓

As to the town clerk, the present holder of that office had held it for about fifty years, and it was understood that when a vacancy occurred a special application might be made for the appointment of a successor if it was necessary.