Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1741/Brn050712-0865.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v Magistrates of Stirling. [1741] 5 Brn 712 (20 July 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Brn050712-0865.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: -
Magistrates of Stirling
20 July 1741 Click here to view a pdf copy of this documet : PDF Copy
The Lords found,—That minority was a legal incapacity, which hindered any man from being a councillor or magistrate in a burgh ; and that, if a minor was by mistake chosen a councillor or magistrate, he might be removed by the other councillors and magistrates, ex officio, without any application from a private party: Notwithstanding it was pled, that this was in fact a reduction of his election, which was only competent before a higher court, and that the council had no jurisdiction over its members in so far as to remove them from their office. This the Lords refused to sustain in a case where the incapacity was so clear ; but if it had been any statutory incapacity, or upon account of malversation in office, or for any other reason that was dubious, and might require a long discussion, in that case the Lords would have found otherwise.
The electronic version of the text was provided by the Scottish Council of Law Reporting