Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Archibald Ure
v.
James Mitchelson

Date: 1 February 1740

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This was a reduction of an election of an assay-master of the incorporation of goldsmiths of the city of Edinburgh. There were two reasons of reduction; the first was, That it was not in the power of the electors to alter the constitution of the incorporation, so far as to make this officer for life, or ad culpam, who before was only chosen for a year, in the same manner as the deacon, who formerly discharged that office, and whose depute the assay-master was. 2do, This election was made by surprise, in so far as one half of the incorporation was absent and had no previous warning that a thing of so great importance was to be gone about.

The Lords unanimously reduced the election, upon the second reason. As to the first reason, they had no occasion to give a decision on it; but several of the Lords were of opinion, particularly Arniston, that constant use and immemorial custom regulated the constitution of incorporations, which, if once established, cannot be altered by the members.