HENRY DUNLOP v JOHN FLEMING (Court of Session)

The statute 3 and 4 William IV. c. 76, regulates the election of magistrates and councils of royal burghs, and vests the right of electing councillors in a certain class of the inhabitants possessing a particular qualification, while the right of electing the provost and magistrates is vested in the councillors who shall have been so elected. The first election under this statute was fixed for the first Tuesday of November 1833.

By section 15. it is enacted, ‘That upon the first Tuesday of November 1834, and in every succeeding year, the electors in such burghs shall in like manner, viz. the burghs contained in the said schedule C, in their several wards or districts, and the other burghs, at their general meetings, assemble and elect, in manner herein-before prescribed in relation to the first election under this act, one-third part, or nearly as may be one-third part, of the council of such burghs, in the place of the third thereof who shall, as herein-after directed, go annually out of office.’

By section 25. it is provided, ‘That if any vacancy shall in the course of the year occur in the council or magistracy or office-bearers of any such burgh by death, disability, or resignation, the same shall be filled up, ad interim, by the remaining members of the council, by election, as herein-before provided, at a meeting to be called on five days’ notice by the town-clerk, by intimation in writing to each of such remaining members of council.’ But this interim election is only to last till the end of the current year in which it is made.

The Town-Council of Glasgow consists of thirty-two members, viz. thirty councillors elected by the voters, qualified as above, with the addition of the dean of guild and deacon convener, ex officiis, elected by the merchants'-house and trades'-house.

On 8th November, a meeting of council was held for the purpose of declaring the elections of the new councillors. The right of presiding at this meeting was claimed by Mr Mills on the one hand, as continuing provost till the choice of his successor, and, on the other, by Mr Henry Paul, who filled the office of first bailie, and was not included in the third of the council whose period of service had expired. By the recommendation of Mr Reddie, the assessor for the city, it was agreed that both Mr Mills and Mr Paul should preside, and jointly sign the minutes.