Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Magistrates of Pittenweem
v.
Cleland

1752, July 10.
Case No. No. 35.

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A bill and bond of relief being granted pursuant to an act of the Town-Council in February 1743 and April 1747, and in 1749 in July a bill of suspension passed in favours of the subscribers, and also of the then present Magistrates, (against whom horning and caption had been taken out) on consigning a disposition of the Town's funds. Drummore, 31st January 1751, found the letters orderly proceeded,—and on a reclaiming petition and answers we 10th July 1752 adhered. The answers indeed add these words to the interlocutor, “against the present Magistrates,” whereby I suppose is meant the Magistrates for the time being; for the Magistrates were not only changed between the letters of horning and caption in July 1749, and Drummore's interlocutor in January 1751, but also between his interlocutor and ours; and yet the reclaiming petition seems to import that they were all found liable; and if they were not, then suppose Magistrates imprisoned for a Town's debt, they behoved to be liberated how soon they were out of office. But the case was not at all distinctly stated.