Scottish Court of Session Decisions

Subject_1 MEMBER of PARLIAMENT.
Subject_2 DIVISION III.

The Qualification of Freeholders possessing Lands liable in Public Burden for L. 400 Scots.
Subject_3 SECT. VI.

Who may act as Commissioners of Supply. - Time of their meeting. - Consequences of their refusing to meet or divide.

Sir Robert Gordon of Gordonston, Sir Alexander Grant of Dalvey, John Innes of Leuchars, and Ludovick Grant of Grangereen, Petitioners

Date: 14 December 1756
Case No. No 86.

The convener of Commissioners of Supply is entitled to call an immediate general meeting, notwithstanding of an adjournment made by the Commissioners to a distant day.

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These gentlemen being possessed of land in the county of Murray, which stood in the cess-books valued in cumulo with the other lands in the county, applied to a general meeting of the Commissioners of Supply, on the 17th August 1756, for a division of those cumulo valuations. The Commissioners proceeded to the division, took a proof of the real rent of the lands, and remitted to an accountant to proportion the valuation according to the real rent.

At a subsequent meeting on the 1st of October thereafter, the accountant's report not being ready, the Commissioners adjourned the general meeting to the second Tuesday of May.

The petitioners applied to the convener of the Commissioners, requiring him to call a general meeting immediately; for that before the second Tuesday of May, the Commissioners might all be superseded by the new commission for the ensuing year, and so the whole proceedings in the division would be lost. To which he answered, “That he was ready to grant the desire of this application; but it was now out of his power, as the Commissioners had adjourned their general meeting till May; yet he was ready to do every thing incumbent on him when properly authorised.”

In these circumstances, the gentlemen applied to the Court of Session by petitions, craving warrant to the convener to call a general meeting.

It occurred to some of the Lords, that, in common form, these petitions should be ordered to be served upon the convener and Commissioners, whereby they might have an opportunity of answering them. But it being observed, that the convener was willing to do his duty, and only wanted authority, as he erroneously imagined, that form was judged unnecessary.

“The Lords found that the convener of the Commissioners of Supply of the shire of Murray may, notwithstanding of the adjournment made by the said Commissioners to the second Tuesday of May next, upon the application of the petitioners, or any other party having interest, call a general meeting of the said Commissioners without delay.”

For the Petitioners, Lockhart, Hamilton, Gordon. Clerk, Pringle. Fol. Dic. v. 3. p. 410. Fac. Col. No 222. p. 322.