The tetm of libelling and executing a summons against a magistracy and town-council.
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It was objected by the Magistrates and Town-council of Lanerk, to a summons of declarator of astriction pursued against them by John Lockhart of Lee, that the summons did not contain the names of the several persons that composed the Town-council, and only bore in general, the Bailies and Town-council.
This was by the Ordinary repelled, in respect it was not alleged, but that the name of every one of the Town-council was contained in the execution; and the defenders acquiesced.
A summons never bears the particular names of the Magistrates or Counsellors, but in general, the Magistrates and Town-council; and though the stile in this case was the Bailies and Town-council, that was immaterial, as the general term Town-council comprehends the Magistrates. The case is the same when the Officers of State are to be called; their names are never particularly expressed in the summons; and the practice is reasonable, for they may happen to be changed between the time of signeting and executing the summons.
Fol. Dic. v. 4. p. 148. Kilkerran, (Process.) No 14. p. 439.
