Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Trades of Burntisland
v.
Magistrates

1752, Dec. 15.
Case No. No. 37.

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Notwithstanding a decreet of Session in 1681, that the Town-Council should consist of 21 persons, 14 merchant traffickers residing in the Burgh and seven trades,—and a decreet-arbitral in 1728 by Dean of Guild Nimmo and Convener Keir in Edinburgh, in a submission signed by one of their Bailies for the Guildry and their Convener for the Trades,—and notwithstanding the old acts of Parliament, that officers within Burgh should be merchant traffickers residing in the Burgh; yet in respect of the set of the Burgh in 1708 recorded by the Royal Burghs in 1710 certifying the custom for 60 or 70 years before, and in respect of their practice since that time,—any nobleman or gentleman though no merchant or residenter may be chosen Provost,—and that in that case he is supernumerary over and above the 21 persons;—and they thought the decreet-arbitral void, because the submission was not signed by the proper parties, the Merchants and several Crafts, or the several Deacons by warrant of the Corporations. They also found that the Deacons were not virtute officii Councillors, but that the Council had the election of the seven Trades-Councillors.