[1743] 1 Elchies 388
Subject_1 PUBLIC POLICE.
Magistrates of Edinburgh
v.
Clarkson
1743 ,June 22 .
Case No.No. 5.
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The question was, Whether summoning the Magistrates without the Council upon this act of Parliament was sufficient? The Lords found the citation null,—renit. Royston, Strichen, Drummore, et me. The Court thought that citing Magistrates in common form meant the same as citing the Burgh in common form. 10th December, Altered, six to five and President, which was six to six.
9th June.—The Court being full, the Lords altered the last interlocutor and adhered to the first, and sustained the objection that the Magistrates were not duly cited. This carried by President's casting vote.—22d June Adhered.
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