Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Election of Wick

Date: 11 June 1747
Case No. No. 24.

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A complaint being made on the act 16th Geo. II. of the election of this Burgh 1745; before it was discussed the election 1746 supervened, whereof reduction was raised in due time; but some objections were made to the process; 1mo, that though by the set the election was partly by poll of the hail Burgesses, they had not been all called; but that we repelled because the Magistrates being called, the Burgh itself was called. We repelled the like objection to a reduction of an election in Rutherglen; but we sustained certain other objections to the execution whereby that reduction fell; and therefore it was alleged that they could not now insist in their complaint of the election 1745, because the reducing that election could have no effect, the election 1746 being now unquarrellable; and we accordingly so found, 11th February 1747; which we did also in the like complaint of the electiou 1745 of St. Andrews, because no reduction had been raised of the election 1746; but upon a reclaiming bill we altered as to both, for we thought that the elections 1746, and reduction thereof, if made by persons who were themselves no Magistrates or Councillors, fell under the acts 7th and 16th Geo. II, and therefore found that we must yet determine in the complaint of the election 1745, 28th February 1747. In that of Wick, the objections were, 1st, that the privilege given the Earls of Caithness, that the Magistrates must be chosen with his consent, did not descend to Ulbster, his singular successor; and 2do, That the Provost and one of the Bailies were not residenters within the Burgh. We repelled both these, because of Ulbster's, and before him Earl Breadalbane's long possession, and inveterate usage of the Burgh. Vide No. 29.