Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SUMMARY APPLICATION.
Subject_3 Whether a Summary Complaint be competent against the proceedings of a Town Council in their election of Councillors?

James Bell
v.
The Magistrates of Inverkeithing

Date: 1 August 1777

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[Fac. Coll. VII. 407; Dict., App. No. I; Summary Application, No. 2.]

Justice-Clerk. I doubt of the incompetency as found by the interlocutor: the words of the statute seem to be clear, and it would be of dangerous precedent to find otherwise: Magistrates then might allow proofs, and by that means go on to an election without any deacons who might be adverse to their views.

Covington. I do not understand that the election of deacons, or such other matters, falls within the intention of the statute. Complaints must be served on Magistrates and Council, which implies that the complaints respect their actings.

Braxfield. The question might have been tried both ways: the Magistrates have not received the deacon; that was wrong done at the election, or at a meeting previous to the election.

On the 1st August 1777, “The Lords found that the complaint was competent;” altering their interlocutor of the 14th June 1777, but on the merits “dismissed the complaint, and found expenses due.”

Act. R. Blair. Alt. Ilay Campbell.