Powers of Magistrates in the Administration of the Common Good.
Provost and Magistrates of Glasgow, v. John Barns, late Provost there
Date: 3 March 1685 Case No. No 20.
Magistrates cannot alienate the common good gratuitously.
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In a pursuit at the instance of the Magistrates of Glasgow, against John Barns their late Provost, for payment of L. 1700 he was owing to the town per bond.
Alleged for the defender, 1mo, He is discharged of the said bond by an act of Council, and par in parem non babet imperium; 2do, The discharge was granted for the onerous cause of good services done to the town; and it is ordinary to gratify the good services of Magistrates.
Answered, Magistrates are but administrators of the town's common good, and cannot, more than curators, gift away any part on't gratuitously; and if there be any such custom, it is but vetustas erroris,
The Lords decerned against the Provost.
Fol. Dic. v. 1. p. 157. Harsarse, (Magistrates.) No 683. p. 193.
