Scottish Court of Session Decisions

Subject_1 JURISDICTION.

Jean Denholm, Petitioner

1746, July 1.
Case No. No. 34.

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There being a long vacancy in the magistracy of this burgh, Edinburgh, by the Rebels stopping the election at Michaelmas last, the question was, Whether we can appoint Magistrates of the town to receive resignations and grant infeftments, as we can Sheriffs? The difference is, that Sheriffs as to that point are purely ministerial to execute the precept of sasine granted by the King, whereas Bailies give the precept or charter as if they were superiors. But the President thought that this was no more than to appoint an officer that the course of the law be not interrupted, and it carried to appoint, only Tinwald and I did not vote; and accordingly they appointed Bailie Hamilton one of the last Bailies.

Upon a petition from the town clerks and others, with a long memorial, the Lords authorized the four Bailies of last year to receive resignations and grant infeftments of the burgage lands.

The Lords this day (18th July) nominate and appoint Bailie Gavin Hamilton, and two or three more, or any of them in that part, to receive applications from insolvent prisoners upon the act 1696, and to execute that act. This was on the petition of James Braidwood, and some weeks ago on the petition of one Beugo.

The Lords having the 1st, 2d, and 18th of this month appointed Bailies for giving insolvent debtors the benefit of the act 1696 in the town of Edinburgh during the vacancy of the magistracy,—the town clerks prayed us to appoint a Dean of Guild and Council, which we granted, but restricted their powers to stopping encroachments in building and preventing unfreemen's retailing.