Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Election of St Andrews

1747, July 2.
Case No. No. 23.

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A reduction being raised by some Councillors of an election made at Michaelmas 1745, of Magistrates and Councillors at St Andrews, because at making the election there were present only ten Councillors, whereas the Town Council is 29;—answered, there was a sufficient quorum in the Town, for there were other seven Magistrates and Councillors in the Town, who, when required, refused to attend the election,—on the contrary, combined to disappoint the election, shut up the Council-house, and went out of Town. At the hearing in presence we thought that ten Councillors could not carry on an election; but we thought that those who wilfully absented have no title to complain, and therefore ordered the complainers to condescend if there were any of the complainers who were casually absent;—and on the condescendence we found four of them were not barred, and therefore, 2do, we reduced the election. In the first I did not vote. The second carried five and the President to four I was very unwillingly on the side of the majority. Murkle did not vote. This was January 15th; and on a reclaiming bill, June 3, we adhered to the first, and found that these four constituent members of the Council, though not present at the election, might on the statute summarily complain; but found, that 10 though a minority of the Council might make an election, and repelled that reason of reduction by the scrimpest majority. Renit. inter alios. President et me. Vide 2d July 1747.

We altered the interlocutor of 3d June, and reduced the election made by the ten, Renit Arniston, Drummore, Dun, Monzie, and Shewalton. For the interlocutor were, Minto, Strichen, Haining, Murkle, Tinwald, et ego, beside the President. Kilkerran was in the Outer-House, and Leven did not vote.—2d July.