Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 BURGH ELECTIONS.

Nicolson
v.
Millar, Glazier

1764.

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Millar, a burgess of Edinburgh, and freeman glazier, member of Mary's Chapel, had his residence at the head of the Canongate, without the limits of the Royalty. He had, for a course of years, practised his trade in Edinburgh, paid the entries, quarterly dues, &c. as any other member of the incorporation, entered his apprentices, voted in all elections, and been in the long leet for deacon. He was elected deacon, anno 1763; and being objected to on account of non-residence, the Magistrates, judges in the first instance, and afterwards the Lords, sustained the objection, and preferred his competitor Nicolson, though elected by a confessed minority. It is to be observed, that, at the time of election, Millar was not only a resident in Canongate, but deacon of a corporation there, kirk-treasurer, stent-master, and constable.

A like case was given 1774, in the case of Brechin. In this case the Lords disallowed of the votes of all those who were not residenters within the burgh, though several of them resided close by it, in a village a few yards only from it, without the royalty, but had been in use to practise within the burgh without challenge.