Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Glass
v.
Magistrates of St Andrews

1754, Feb. 27.
Case No. No. 40.

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Glass and others presented a complaint 18th December that the Magistrates of St Andrews after finishing the several steps of the annual election whereof the last was 8th October last, three of the Councillors declining to accept, at a private meeting where only 15 or 16 were present without giving notice to the other Councillors what they were to do, chose three new Councillors not of the Old Council agreeable to the set, but of Guild-Brethren who had not been in Council. Answered, 1st, Not competent because the remedy provided by the act 16th Geo. II. concerns only annual elections, and must be brought in two calendar months. 2dly, Not relevant, because after the annual election is over, the filling up of vacancies by death or otherwise is an act of ordinary administration, and may be done quandocunque. We all agreed that it was not competent because the complaint was not within two months of the last step by the set of the annual election, and accordingly found it not competent; and the Court seemed also clear that it was not relevant, but of that I had some doubt, for I thought there was a difference betwixt a vacancy by death or by deprivation, and the case of the person elected his not accepting; for if acceptance is necessary the election is not completed till he accepts, in the same way as if one incapable were chosen; but we did not determine that point.