The Town Treasurer of Dunbar v. Jean Pringle, Relict of George Rutherford, Merchant there
Date: 17 July 1706 Case No. No 12.
Bailies of a burgh competent to judge concerning debts due to the burgh.
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Jean Pringle relict of George Rutherford raised advocation of a process commenced before the Bailies of Dunbar, at the instance of their Treasurer against her as representing her husband, for payment of a debt due by him per bond to the pursuer, upon this ground; That the action was for a debt resting to the Town treasurer upon the Town's account, and the Magistrates, who are administrators of the public stock of the burgh, could not judge in a cause concerning the subject of their administration, for which they are accountable; no more than a tutor can be judge in his pupil's cause.
The Lords repelled the reason of advocation, and remitted the cause: There being an express act of Parliament allowing deputes to be judges in the principal's causes; and the Bailies are but the Town's deputies, and may competently judge upon debts due to the Town. Nor doth the case of a tutor or curator meet; these being reputed as parties themselves; whereas magistrates of a burgh are not so considered in the concerns of the community.
