Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Election of Wick

Date: 12 January 1749
Case No. No. 29.

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In the declarator at the instance of several inhabitants of the town of Wick against Ulbster, that he had no right to a privilege contained in their charter of erection by King James VI., that the Provost and four Bailies must be chosen cum avisamento Georgii Comitis de Caithnes ejus hæredum et successorum, who also had by the same charter a proportion of the entry-money of every Burgess; the Earl of Caithness having compeared for his interest, we first found that privilege not alienable, but inherent in the heirs to the honours of Earl of Caithness, 18th November 1748; but we afterwards altered, and found it alienable, and remitted to the Lord Ordinary to hear parties procurators, whether it was actually alienated; 2do, We found that a person not residing might be Provost, because of the immemorial usage, though the charter expressly required that the Provost and four Bailies be inhabitants; 4to, We found that the Councillors must be inhabitants, which some of us thought was required by the charter; but on a reclaiming bill we found that only the majority must be inhabitants; but we also altered that, and found that there was no restriction on the Councillors to be inhabitants. See No. 24.