Town Council of Burgh, and Bailie Court. - Burgh of Barony.
Jaffray v. The Magistrates and Town-Council of Stirling
Date: 21 July 1741 Case No. No 383.
Jurisdiction of the Town-council of a burgh, as to who are entitled to be members of council.
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The Town-council of Stirling, after electing James Jaffray in the council, having discovered that he was minor, did, upon proof taken, suspend him from said office during his minority; whereof he having presented a bill of suspension, in which he objected to the council's power, informations on that point were ordered; and upon advising thereof, the Court was unanimous, “that as the minor was incapable of the office, so the council had power to suspend him.”
Were any one convened before the council, it would be a relevant objection to a member of the council that he was minor; and all courts must have power to judge of declinators against any of their number. And as this is a declinator which reaches every case, the Court may ex proprio motu cognosce upon it.”
Fol. Dic. v. 3. p. 362. Kilkerran, (Jurisdiction.) No. 1. p. 321.
