Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Election of St Andrews.

1747. January 15.— July 2.
Case No. No. 23.

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Summary complaint being made of an election by less than a quorum, i. e. than a majority of the Council, which consisted of 29 members, whereas only 10 made the election; we thought the reason of reduction relevant, but that such members as were in town and wilfully absented, though called to Council, were barred personali exceptione from objecting; but there being four absent members not in that case, we found them not barred, and that the complaint was competent at their instance upon the statute, though not present at the meeting; and therefore reduced the election; and on a reclaiming bill, adhered to the interlocutor, finding the complaint competent at their instance; but found that even 10 might proceed to make the election on the stated day, though not a majority of the Council. But, 2d July, we altered the last interlocutor, and adhered to the interlocutor of the 15th January, and reduced the election.