Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
The Magistrates of Perth suspended a warrant of the Justiciary Court appointing the criminal prisoners in the jail of Dunfermline, at the time insecure, to be transmitted to the jail of Perth,—on the ground of informality of the intimation to the ‘Provost of the burgh, and as representing the Magistrates of the said burgh of Perth,’ and the incompetency in the procedure—the difference of sheriffdom—the want of requisite accommodation in Perth jail—and the more suitable accommodation in the neighbouring jails of Kirkcaldy, &c.
At the moving of the bill and answers, the Court adverted to the bill being in name of the ‘Lord Provost of Perth,’ &c.
The charters of the burgh gave a right to the burgesses to appoint a Sheriff, having, within the town, power and authority co-extensive with the Sheriff of the county. The office has been uniformly held by the chief magistrate, as is that of Coroner, and the appointment to those offices is annually made. The chief magistrate of Perth has exercised, in various instances, the power of trying crimes punishable by death, and sentences of death pronounced by him have been carried into execution.
In England, the title of Lord Mayor is assumed by the chief magistrates of London and of York. In neither case was it given by any express grant; Northcote's Hist. of London , b. i. c. iv. p. 70; Drake's Hist. and Ant. of the City of York , b. i. c. 6, p. 181. In Edinburgh the title of Lord Provost, in like manner, does not stand upon any grant, but upon prescriptive usage and incidental recognition alone; Maitland's Hist. of Edin . p. 227, c. i.
The Lord Justice-Clerk , without deciding the question of right, held, that as the designation was allowed in a charter under the Great Seal, and as the Provost of Perth, in 1822, had been introduced to his late gracious Majesty as ‘Lord Provost’ of Perth, and this title had been recognised by the Home Secretary in answering an address to the King, they ought not to object to his now using the designation.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.