Complaints against Magistrates, to whom Competent. - In Diligence against a Community, who must be Cited.
Counsellors of St Andrew's v. The Magistrates
Date: 4 June 1747 Case No. No 32.
A summary Complaint is competent to members of a Town Council, for wrong done at an election, though they-were not at the meeting.
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A complaint being presented against the election of Magistrates and Councillors for the Burgh of St Andrew's, made at Michaelmas 1745, it was objected, That it was not competent at the instance of the complainers, as the law gave summary complaints only to the constituent members at a meeting where wrong happened to be committed, and they were not, present at the election.
Answered, The act, as appeared by the whole clause, gave the right of complaining to the members of a meeting, that is, the members of the society who might have met.
The Lords found the complaint competent at the instance of the complainers, they being constituent members of the Council.
Act. Ferguson.Alt. Lockhart.Clerk, Kirkpatrick.
Fol. Dic. v. 3. p. 141. D. Falconer, v. 1. No 178. p. 239.
