BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Alexander Birtwhistle v Lord Daer. [1791] Mor 1894 (23 February 1791)
URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor0501894-034.html Cite as:
[1791] Mor 1894
The being a Peet's eldest son does not disqualify for a place in the council of a burgh.
Click here to view a pdf copy of this documet : PDF Copy
Lord Daer, the eldest son of the Earl of Selkirk, having been a candidate for the office of provost of the burgh of Kirkcudbright, it was
Objected: That being the eldest son of a Peer, he could not be elected either as a magistrate or as a counsellor of any burgh.
Answered: There exists no law or regulation, to disqualify the eldest son of Peer from being a counsellor in a royal burgh. Were it even supposed to have been determined by the Scottish Parliament, that a Peer's eldest son could not sit as the representative of a county or a burgh, and that this should have the effect of excluding from the British House of Commons, such a disqualification could not be extended, by implication, to the case in question.
The Lords repelled the objection.
Act. Solisitor-General, Rolland.Alt. Dean of Faculty.Clerk, Menzies.
Fol. Dic. v. 3. p. 101. Fac. Col. No 165. p. 335.
