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Generally restricted to the provost and bailies (mayor and aldermen) of boroughs.

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.

Legal Subject: Magistrate

Case Date Legal Subject Abstract
Counsellors of the Burgh of Burntisland 1789 Election contest, Magistrate, Election, Aliment, Decreet-Arbitral, Reduction The Provost, magistrates, and counsellors of Burntisland defended the validity of the burgh’s 1789 election of counsellors against complaints alleging bribery and seeking voidance or partial relief. Alexander Pitcairn petitioned the Court to alter a recent interlocutor that had ruled against his election as a counsellor, while William Muir and James Davidson also pursued complaints regarding the election, prompting answers from the magistrates and subsequent duplies. The magistrates later submitted a memorial arguing that Muir and Davidson’s election was void due to their non-residence and foreign status.
Fleshers of Glasgow v. Magistrates of Glasgow 1802 Tax, Rent, Duty (Tax), Magistrate In 1744, the Magistrates and Town-Council of Glasgow erected a slaughterhouse for the city's butchers use, and an act of council decided that those who used the slaughterhouse would pay a rate proportionate to the amount of cattle slaughtered. In 1755, public markets were erected for the butchers to use, and the Magistrates made regulations that rents and duties should be paid by those who used these markets. In 1799, the Magistrates raised the dues of the beef and mutton markets one-third more than the former rate, and reserved the right to themselves to adjust this rate after a year's time. The Incorporation of Fleshers brought a case against the Magistrates, and the case was decided in their favor, holding that the Magistrates of a royal burgh have no right to impose a tax upon the inhabitants without the consent of the Legislature--they have as little right to increase any duties that have been previously imposed, and as the Sovereign himself has no power of levying such taxes, any reservation of such a right in the articles of the Union is altogether mefiectual. (Scot's digest)
James Andrew, and Others, Merchant-Counsellors of the Burgh of Linlithgow, and Thomas Henderson, Deacon of the Incorporation of Weavers there v. Henry Gillies, Provost of Linlithgow, and Others 1775 Election, Election contest, Burgess, Debt, Tax, Magistrate The 1774 election of the council of Linlithgow produced three counsellors who did not reside in the burgh. Several members of the council sought a declaration from the court that the three non-residents were ineligible to serve, and that their election was therefore null and void. The burgh's provost, ten other members of council, and the challenged counsellors opposed such an order, claiming that the suit was politically motivated. The defenders argued that it was unnecessary for counsellors to reside in the burgh, that the pursuers were barred from suing because they had concurred in the election, and that many non-residents had served as counsellors over the years.
James Buchanan, Dean of Guild of Glasgow v. Patrick Bell 1774 Adjudication, Public Police, Courts, Magistrate, Privilege, Jurisdiction This case was about the police powers of Glasgow’s dean of guild, a magistrate who supervised buildings. In 1773, the dean and his council ordered residents to take down their “water barges,” which were affixed to buildings in order to carry water away. Suspender Patrick Bell ignored the new rule and was individually ordered to take down his water barge. Bell brought a bill of suspension before the Court of Session. He argued that the dean of guild lacked authority to create regulations that were not based on common law or a statute; therefore, according to Bell, the dean of guild could not require removal of the water barge unless it constituted a nuisance or a trespass. The dean of guild responded that the order was within his jurisdiction, and that it was justified because the water barges were “ugly to the eye,” served to narrow the street, and poured water out onto passing pedestrians.
James Duff and William Duff v. Laurence Sutherland 1793 Arrestment, Decreet-Arbitral, Debt, Assignation, Magistrate, Sequestration James Duff in Nethertown and William Duff in Hillockhead of Glass pursued Laurence Sutherland, bailie of Elgin, for obstructing the execution of a caption and withholding consigned money and papers. The complainers asked the court to remit the bailie’s conduct, while Sutherland defended his refusal to incarcerate the debtor and retain the funds, asserting that the complaint was incompetent and that his actions were proper given the complainers’ unlawful proceedings and acquiescence in their own error. He further answered claims of damages and wrongful seizure, maintaining that his conduct had been justified under the circumstances.
John Aitchison and others v. The Magistrates and Billet-Master of Haddington 1795 Interlocutor, Burgh, Thirlage, Suspension, Representation, Magistrate

Documents discussing this subject (43)