Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 BURGH ELECTIONS.

Turnbull, &C Weavers of Rutherglen
v.
Crooks

Date: 9 March 1776

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Where a seal of cause, or letters of deaconry, in a royal burgh, has been granted by Magistrates to a particular corporation, it has been contended that the same cannot be altered by the incorporation without consent of the Magistrates; so found by Lord Covington, (9th March 1776,) in a dispute among the weavers of Rutherglen, Turnbull, &c. against Crooks, &c. The argument in the papers was pushed a degree farther, and it was held, that, if the seal of cause, or letter of deaconry, was recorded in the minutes of the convention of burghs, it could not be altered without their consent.

The fact, however, was, that the seal of cause in question was not recorded in the books of convention; neither is such recording usual; therefore the Lords, on advising a reclaiming bill and answers, went no farther than to find that a letter of deaconry granted by Magistrates could not be altered by the corporation itself, without their consent. And in this they seemed unanimous.