the same extent. The distinction between burghs of regality and burghs of barony chiefly consisted in the extent of the jurisdiction enjoyed by their superiors.

Regalities. The lord of regality had a jurisdiction in civil matters equal to that of the sheriff. In criminal questions his jurisdiction was greater than that of the sheriff, and cumulative with that of the supreme criminal court. The judge of regality was entitled to vindicate his authority, by repledging" any person brought to trial before the king's courts. The lord of regality exercised his jurisdiction by a steward or bailie, whom he appointed as his deputy.3 The power of lords of regality was abolished with the other heritable jurisdictions in 1748.4

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Baronies. The authority of the baron extended merely to questions of debt within the barony, and to certain minor offences. By the jurisdiction act, it was limited to the power of levying his own rents or feu-duties, of deciding questions of debt to the extent of 40s., and of punishing for petty riots, by a fine not exceeding 20s.6 Where regalities or baronies are held by royal burghs, their privileges remain unimpaired.7

Municipal Authority. The magistrates of burghs of regality and barony have to administer the common property, and may frame by-laws and general police regulations, like magistrates of royal burghs, for furthering the ends contemplated in their charters.8

The crown may erect free and independent burghs of barony on those parts of the seacoast in which the fisheries are carried on, the magistrates of such burghs exercising the power of justices of the peace cumulatively with those of the county.9

Income and Expenditure.-In those burghs which are empowered to elect town-councils by 3d and 4th Wm. IV. c. 77, the magistrates must make up a state of income and expenditure annually, to lie for inspection from the 15th October to the time for electing councillors." 10 (See next Chapter, Sect. 5.)

E. i. 4, 30.- E. i. 4. 7, 8.-3 Ibid.- 20 Geo. II. c. 43.-5 E. i. 4, 25. 620 Geo. II. c. 43, § 17.7 Ibid. § 26.-8 See Armstrong v. Moffat, 9th July 1800. M. Jurisdiction, Ap. 8.-9 35 Geo. III. c. 122, § 1-10 3 & 4 Wm. IV. c. 77, § 31.

CHAPTER III.

MUNICIPAL ELECTIONS.

SECT. 1.-Qualifications and Claims in Royal Burghs.

THE persons entitled to vote in the election of a town-council in the royal burghs included within the operation of the act, are, in those burghs which send, or join in sending, members to parliament, the registered voters; in those which do not, the persons who possess such qualifications as would entitle them to the parliamentary franchise were the burgh represented in parliament. (See Part II. Chap. II.) The elector must have resided within the royalty, or within seven miles of it, for the space of six calendar months next previous to the last day of June. He must not have been a pensioner of any corporation, or in receipt of parochial relief, at any time during twelve months previous to the election.1

Claims. In burghs not sending members to parliament, each person claiming to vote in the election of the towncouncil, must give in to the town-clerk, on or before 21st July, a claim signed by himself or his agent, along with the documents on which he founds. Within four days after the last day for receiving claims (having first consulted with the chief magistrate), the town-clerk affixes to each parish church door a list of the claimants, and a notice specifying a period (which must be at least fourteen days afterwards) when the claims are to be considered. The notice bears that objections must be lodged with the town-clerk, and intimated to the parties, seven days before the day appointed for deciding on them. The claims and objections must lie in the town-clerk's office for inspection, without fee, extracts being demandable at the rate of 6d. for every seventy-two words.2

SECT. 2.-Making up Lists.

In those burghs which do not send members to parliament, the chief magistrate, if required by any three claimants or objectors, must appoint a person who has been three years counsel or agent before some court as his assessor. The assessor is to act as judge, hearing pleadings and

1 1 3 & 4 Wm. IV. c. 76, § 1.—2 Ibid. § 2.

evidence, but receiving no written pleadings, and taking no record, except a note of the names of witnesses. He is to authenticate with his signature any documents produced, and no witnesses or documents can be founded on in any court of review, but those so noted or authenticated. The assessor notes and subscribes, on the back of each claim, the word admit or the word "reject," as he may decide.1 The town-clerk transfers those admitted, to the roll, which he must make up before 16th September.2

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In the burghs returning members, the roll is made up by simply transferring the names from the parliamentary register.3

From 1st to 10th August, the roll remains open to inspection, without fee; and in the burghs which do not return members to parliament, objections to the continuance of names on the roll are received within five days after 10th August. After these have been considered, the clerk corrects the list before 10th September. The clerks in burghs returning members are to correct their lists by the 16th September. Within two days after any decision, an appeal may be entered to the court of review for the district, appointed by the parliamentary reform act (see Part II. Chap. II. Sect. 4), notice to parties having been given within the two days.*

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SECT. 3.-Election of Councillors.

Qualification. The persons eligible as town-councillors are, the electors residing within the boundaries fixed by the reform act, or carrying on business or residing within the royalty. No person can be inducted as a councillor who cannot produce, on the occasion, evidence of his having been elected a burgess (not merely honorary) of the burgh; but any person elected is entitled to be entered as a burgess, on payment of the ordinary fees. Any person retiring, according to the rotation, may be re-elected.7

Proceedings.-The number of councillors to be elected is limited to the smallest number which the ancient set of the burgh admitted. All town-councils are divided into three parts, as nearly equal as possible. The members of one such division retire each year, and the rotation of retiring is so arranged, that each councillor is entitled to remain in office

13 & 4 Wm. IV. c. 76, § 3.-2 Ibid. §§ 3, 4.-3 Ibid. § 4.— Ibid. §§ 5, 6. -5 Ibid. § 8.— Ibid. § 14.-7 Ibid. § 16.

for three years. Those who go out being, however, those who "have been longest in office," if a councillor should resign within the three years, his successor at the next annual election does not merely take up the unexpired period of his tenure, but may remain until at an annual election he is one of the third who have been longest in office. The election takes place on the first Tuesday of November.3 The larger burghs, viz. Edinburgh, Glasgow, Aberdeen, Dundee, Perth, Dunfermline, Dumfries, and Inverness, are divided into wards, and have the number of councillors to be elected by each ward, fixed according to the decision of the burgh-commission, appointed 15th July 1833, as ratified by proclamation. In the burghs divided into wards, the time of election must be intimated on the church doors ten days previously. The election takes place by open poll, at which the chief magistrate, or an appointed substitute, presides, the town-clerk, or an appointed substitute, attending, with a certified copy of the roll as applicable to the ward. A poll-book is kept, each page of which is subscribed by the clerk and the person presiding.5 No polling-place is to be kept open more than one day, from eight o'clock, a. M., to four, P. M.; but the number of booths is not limited. At the close, the poll-books, sealed up, are transmitted to the chief magistrate, who, between the hours of twelve and two next day, breaks the seals publicly in the town-house, and declares the result.7

In the burghs not divided into wards, the election proceeds in the town-hall, each elector giving up a signed list to the town-clerk, and the chief magistrate presiding and declaring the result.R

The identity of the person, his still holding the qualification, his not having previously voted, and his being free from bribery, may be put to the oath of any elector, on the requisition of another, but no other inquiry can be instituted." After having declared the result, the chief magistrate sends notice to the persons elected, who must declare on the second lawful day whether they accept; and in case of non-acceptance, or double return, or of a person failing to appear and accept without sending an explanation, a new election must be declared, at the distance of not more than four or less than two days.10

Ibid. §§ 7, 15.-
Ibid. §§ 8, 11.-

1 3 & 4 Wm. IV. c. 76, § 16.-2 Scott v. Magistrates of Edinburgh, 21st December 1838.-3 3 & 4 Wm. IV. c. 76, § 15.Ibid. § 8.- Ibid. § 9.7 Ibid. § 10. Ibid. § 11.10 Ibid. §§ 10, 11, 13.

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SECT. 4.-Choice of Office-bearers.

The councillors meet on the third lawful day after the election, and fill up by majorities those offices vacated by councillors retiring. The chief magistrate and the treasurer remain in office for three years.2 In general, the official distinctions of councillors, by the titles of Deacon, and of Convener, and Dean of Guild, and of Old Provost and Old Bailie, were abolished by the burgh reform act, along with the distinction between Trades Bailies and Merchant Bailies, or Trades Councillors and Merchant Councillors; and it is provided that the duties previously performed by the Dean of Guild be performed by a member of the council, chosen by the majority. But there are exceptions to this rule in favour of the following officers, viz., the Dean of Guild and the Deacon Convener of Edinburgh and Glasgow respectively, and the several Deans of Guild of Aberdeen, Dundee, and Perth, who continue to be members of the respective councils as formerly.4

Certain members of the council are appointed to fulfil any trusts or managements vested in the offices abolished. The rights of trades, crafts, and guildries to elect their officers, according to use, is not interfered with, any trusts or managements vested in such officers continuing in their hands, whether they are of the council or not; while in the cases in which trades councillors, or merchant councillors have been ex officio such trustees or directors, the convenery or trades house, and the guildry or merchant house, must elect an equal number from their own bodies respectively, to be such trustees or directors.7

When by reason of non-election, or irremediable defect in the right of those who appear to be elected, to act, offices are not filled up, the Court of Session will appoint managers to perform the duties attached to them. The managers of a burgh so appointed are bound to conform themselves to the rules and regulations that would be binding on the magistrates, and are only entitled to interfere in the administration of its affairs at meetings of the managers duly called or authorized."9 When there were doubts as to the validity of an election, the court, on application of those who stood.

13 & 4 Wm. IV. c. 76, § 24.-2 Ibid.-3 Ibid. § 19.- Ibid. § 22.5 Ibid. § 20.- Ibid § 21.-7 Ibid. § 23.- Greig v. Greig, 21st January 1842. Greig v. Miller, 11th February 1842.