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Scottish Court of Session Decisions >>
The Lords of Session v The Town of Edinburgh. [1694] 4 Brn 167 (00 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040167-0383.html Cite as:
[1694] 4 Brn 167
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Lords of Session v. The Town of Edinburgh
1693 and
1694.
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1693. November 1.—George Falconer, one of the two keepers of the Parliament-House, having died during the vacance,— Alexander Livingston procures an act of the Town-Council of Edinburgh, presenting him to that place, —they Alleging, the House being theirs, and they paying fifty merks of salary, and all reparations and other expenses, it was but reasonable they should name the servants, at least that they have the presentation of one of them. It was alleged for the Lords, That the Town might as well plead the in-putting of servants to keep the Privy-Council and Exchequer-rooms; and that the greatest part of the emoluments arise from the Lords and Advocates, and others depending on the College of Justice.
The Lords referred it to the President, to confer with the Magistrates of Edinburgh, and to report. And the result of their first meeting was to search the records of the Session and Town in times bygone, and see who had been in use and possession of placing them, either when it was in a single person or in two; and then to consider what should be so produced and found.
Vol. I. Page 566.
1694. June 4.—The Lords of Session and the Town of Edinburgh came at last to an accommodation about choosing a housekeeper in place of George Falconer, deceased; that, seeing there were always to be two, they should present them per vices. And in regard Mr Kennedy, the last entrant, came in by the Lords' nomination, that the Town-Council should now give in a list of three to the Lords, out of which the Lords would choose one; and, on the next vacancy, the Lords should present three to the Town, out of which they should elect one; and so per vices, as oft as it occurred. And thir two cautions were adjected: 1st. That all presented in the lists should be burgesses; though some of the Lords urged they might have freedom in their lists to name decayed members of the College of Justice; but it was thought such were either burgesses, or could be made so. 2d. That the presentation and election should not be procrastinated, but within eight or ten days after the vacancy, and the down-sitting of the session. Some thought this was giving away the Lords' right and privilege of sole choosing, and that it should last only during our own time, and not prejudge our successors; but, on searching both the Town's records and the books of sederunt, the right was unclear, and both claimed it.
