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Alexander Birtwhistle v Lord Daer. [1791] Mor 1894 (23 February 1791)
URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor0501894-034.html Cite as:
[1791] Mor 1894
The being a Peet's eldest son does not disqualify for a place in the council of a burgh.
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Lord Daer, the eldest son of the Earl of Selkirk, having been a candidate for the office of provost of the burgh of Kirkcudbright, it was
Objected: That being the eldest son of a Peer, he could not be elected either as a magistrate or as a counsellor of any burgh.
Answered: There exists no law or regulation, to disqualify the eldest son of Peer from being a counsellor in a royal burgh. Were it even supposed to have been determined by the Scottish Parliament, that a Peer's eldest son could not sit as the representative of a county or a burgh, and that this should have the effect of excluding from the British House of Commons, such a disqualification could not be extended, by implication, to the case in question.
The Lords repelled the objection.
Act. Solisitor-General, Rolland.Alt. Dean of Faculty.Clerk, Menzies.
Fol. Dic. v. 3. p. 101. Fac. Col. No 165. p. 335.
