The meeting of council, to fix the day for electing a delegate to ehuse a member of Parliament for a royal burgh, must be called, but need not be held, within two days after the precept is received by the chief Magistrate.
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The Sheriff's precept for electing a delegate to chuse a member of Parliament for the royal burgh of Culross, was delivered to Alexander Chalmers, the chief magistrate then within the burgh, on the 30th May 1796. He immediately marked on the back of the precept, the date of his receiving it, and, at the same time, summoned the council to meet on the 2d of June, to fix a day for naming their delegate.
David Aitken, one of the deacons, was present at the meeting of the 2d June, and made no objection to its regularity; but, in a petition and complaint, he afterwards stated, that, by 16th Geo. II. cap. 11. § 42. it is enacted, that the chief magistrate of the burgh, shall, under penalty of L. 100 Sterling, “within two days after receipt of the precept, call and summon the council of the burgh together, by giving notice personally, or leaving notice at the dwelling-place of every counsellor then resident in the burgh; which council shall then appoint a peremptory day for the election of a commissioner for chusing a burgess to serve in Parliament;” and that, as the meeting, in this case, was not held till the 2d June, three days after the precept was received, the penalty was incurred.
Answered: This statute does not require that the meeting should be held; but only that it should be called within two days from the receipt of the precept, the object of the enactment being to prevent the chief magistrate from keeping it up arbitrarily. A summons always implies reasonable induciæ.
The Court were of this opinion, and unanimously dismissed the complaint.
Act. H. Erskine.Alt. D. Williamson.Clerk, Pringle.
Fac. Col. No 37. p. 83.
