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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Tennant and Others v Andrew Johnston and Others. [1785] Hailes 967 (23 February 1785)
URL: http://www.bailii.org/scot/cases/ScotCS/1785/Hailes020967-0633.html
Cite as: [1785] Hailes 967
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[1785] Hailes 967
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BURGH-ROYAL.
Subject_3 Qualifications of a Bailie, - Non-residence.
Date: Alexander Tennant and Others
v.
Andrew Johnston and Others
23 February 1785 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 318; Dict. 1888.]
SERVICE ON MR ANSTRUTHER.
Braxfield. Prayer for a warrant to serve is sufficient.
President. Warrant to serve implies warrant to serve regularly; and the service has been regular, as the party was out of the kingdom.
NON-RESIDENT.
Braxfield. If an unqualified person is put on the leet, the leet is good for nothing.
President. Three bailies are always on the leet. If one unqualified person may be put on the leet, three may, and then, in effect, there will be no leet at all, and the bailies must be chosen.
On the 23d February 1785, “The Lords sustained the service, and found that, the leet not having been properly made up, the bailie was improperly chosen;” and therefore, in the result, reduced the election.
Act. A. Crosbie. Alt. A. Wight. Incidental; Inner-house.
The electronic version of the text was provided by the Scottish Council of Law Reporting