United Kingdom House of Lords Decisions

This was a question as to the validity of an election of the Magistrates and Town Council of Anstruther. It was objected, that Sir John Anstruther, Philip Anstruther, and John Anstruther, and Gavin Hogg, Sir John's butler, were not qualified, nor legally elected councillors, in respect they were non-resident burgesses of the burgh.

Feb. 25, 1785.

The Court of Session pronounced this interlocutor:

“Repel the objection made to the service of the complaint upon John Anstruther, Esq. of Lincoln's Inn, and find the service on him sufficient: Find that the magistrates of the said burgh of Anstruther Easter, and those put upon the leet for bailies, ought to be resident in the said burgh, and sustain the objection that the said John Anstruther, Esq. was non-resident when put upon the leet for bailie, at the annual election on the 14th day of September last, and was thereby incapable of being elected a bailie; and reduce the election of the magistrates and town councillors made for the said burgh at said election; and decern and declare accordingly. And find the respondents liable in full costs of suit to the complainers, of which decerns an account to be given in.”

Against this interlocutor the present appeal was brought to the House of Lords.

After hearing counsel, it was