19th Century Records/Magistrates

[Rodeo]

My GGG grandfather was a Senior Magistrate of Hamilton. Would the records of his service and cases he heard in the early 19th century have been retained? If so, where would these be held -- the local burgh archives, the NAS court records or the Mitchell Library?

Any help would be most appreciated.

Cheers,

Rodeo

[Currie]

Hello Rodeo,

This FamilySearch Wiki has information about Scottish Court records https://wiki.familysearch.org/en/Scotland_Court_Records

Here’s a guide to various holdings of the National Archives of Scotland, including Court of Session and Sheriff Court records etc. There are lots of other useful research guides on the site. http://www.nas.gov.uk/guides/default.asp

The magistrates name may not necessarily be included in the indexing of court records but you may find his name mentioned in reports of cases he heard in the newspapers and digitised books and possibly also in the Edinburgh Gazette.

The NAS Catalogue search page
http://www.nas.gov.uk/onlineCatalogue/

Edinburgh Gazette
http://www.edinburgh-gazette.co.uk/search

19C newspapers
viewtopic.php?f=1&t=15443

Manual of the Law of Scotland, 1847, may be useful to see how the system worked. http://books.google.com.au/books?id=xYM ... &q&f=false

Hope there’s something useful there. If you wish you could post his name and some particulars.

Alan

[Rodeo]

Hi Alan

Thanks so much for your reply. I've had a squizz at the sites you mention, which are all extremely useful. Previously, I'd done searches on the NAS site to no avail. Perhaps I was looking in the wrong places. Would a Magistrate's jurisdiction fall under Commissary Courts, Burgh Courts or Justice of the Peace Courts during that era (early 19th century)?

As for particulars, my GGG grandfather is William Paterson (1787 - 1858). I hadn't considered the Edinburgh Gazette, as I thought the cases he heard would have been of local interest to the burgh. I'll do a search of that newspaper, as you suggest.

Early maps of Hamilton show his property as that of Baillie Paterson. When I was in Hamilton last year, I acquired at the Hamilton Research Library all the records they hold of William Paterson, Baillie, but they have none with respect to his office as Senior Magistrate. Surely, they must be held in an archive somewhere.

Unfortunately, Paterson is a common surname in Scotland and you can't imagine how many records for William Paterson I've sifted through in vain on the NAS site.

Many thanks again, Alan.

Cheers,

Rodeo

[Montrose Budie]

Hi Rodeo

'Magistrate' has never been a widely used term in Scotland.

You will sometimes find a Justice of the Peace described as a lay magistrate.

Few of thse records survive.

Your best course of action is to see what mention you can find of him in newspapers of the time.

mb

[carlineric]

I have been looking at the Concise Scots Dictionary and it defines magistrate as the specific title for a provost or bailie of a Burgh who has administrative or judicial powers. It can also refer to stipendiary magistrates (paid magistrates) but not to justices of the peace. Bailie is defined as a magistrate next in rank to provost. Magistrate was used in some burghs, at least, into the twentieth century as I have a great uncle who was sworn into the office of Magistrate of the Burgh of Armadale in 1929. I would think any records, if they exist, would either be with the the local authority or in the Burgh collection in the NAS. There is no mention of magistrates in the NAS's Tracing Yor Scottish Ancestors.

Eric

[Currie]

Hello Rodeo,

I mainly suggested the Edinburgh Gazette on the chance that his appointment may have been mentioned there but that doesn’t appear to be the norm.

I couldn’t find anything in the newspapers to do with cases he had heard, maybe they would have been reported in a Hamilton newspaper if there was one at that time. I did find the following about his appointment as magistrate.

Caledonian Mercury (Edinburgh), Monday, November 20, 1848
Magistrates of Burghs.
Hamilton.—Walter Black, Provost—Andrew Henderson, First Bailie—Wm. Paterson, Second Bailie—James Hamilton, Third Bailie—Wm. Aikman, Treasurer.

Glasgow Herald, Monday, November 10, 1851
HAMILTON.
The Municipal Election here, on Tuesday last, seems to have been attended with more than usual interest to the constituency, judging from the fact that a greater number of electors voted than had ever been polled on any previous occasion. The poll at its close stood as follows:
Mr. John Dykes ……… 195
Mr. John Meek …….. 173
Mr. James Main ……… 164
Mr. Samuel Findlater …….. 160
Dr. D. E. Swim ……… 74
Mr. Edward Burns …….. 49
The first four were the successful candidates.
The only office not vacant at this time being that held by Bailie James Hamilton, the remaining offices were filled up by the Council on Friday, when Mr. John Meek, of Fortissat, was unanimously elected Provost, on the motion of Mr. Gibson, of Castlehill, who lately held the office; and the other appointments were filled up by the unanimous election of Mr. William Paterson to be First Bailie, Mr. James Main to be Second Bailie, and Mr. John Dykes to be Treasurer.

It seems to be that one third of the council became vacant each year and that new members were elected by eligible members of the community, determined by property. The Provost and Magistrates were chosen by the council from their own number. That means that the position of magistrate was not a permanent one but was at the whim of the electorate and the council, and would possibly last for three years. Something like that.

There’s also this item from the Glasgow Herald, Friday, February 29, 1856.
To Let at Hamilton, Lochside Cottage, consisting of Eight Apartments, with Offices and large Garden. Apply, in Hamilton, to Bailie Paterson; or to Mr. Gavin Paterson, 61 Virginia street, Glasgow.

There were other Bailie William Patersons scattered about Scotland but the closest to Hamilton that I saw was a list of Rutherglen magistrates in the Glasgow Herald, Monday, November 9, 1846, which included William Paterson, Esq., Bailie.

All the best,
Alan

[Rodeo]

Thanks mb, Eric and Alan for your replies.

Eric, based on what you cited from the Concise Scots Dictionary, I'm wondering if William Paterson was referenced in obituaries as a Senior Magistrate of Hamilton merely in his titular role as a Bailie of the Burgh. If so, perhaps the only records held are those that I already obtained in Hamilton last year. My understanding of a Magistrate is in a judicial capacity, which is the reason I have been trying to locate (with no success) records of cases he heard. Yes, I know that that there is no mention of Magistrates under the rubric Tracing Your Ancestors on the NAS site as that was my initial research source. Have you found any records for your great uncle in his office as Magistrate of the Burgh of Armadale c1929?

Alan, how brilliant of you to have found those references to William Paterson that I hadn't. I can't thank you enough for your assiduous research. Like you, I found nothing in my search yesterday of the Edinburgh Gazette but the Caledonian Mercury wasn't even on my radar. I had several times searched the Glasgow Herald but missed the 1851 article you cite. The 1856 advertisment re Lochside Cottage, and subsequent ones, I have. William (Bailie) Paterson lived in Tuphall Road, Hamilton, but owned several properties including Lochside House and Lochside Cottage. The Gavin Paterson mentioned, with offices at 61 Virginia Street, Glasgow, was my GG uncle, Gavin Paterson, later Provost of Hamilton, who lived in Lochside House and let Lochside Cottage. Provost Gavin Paterson's son, Gavin Paterson (architect) inherited Lochside House and lived there with his family for some years. Both Lochside House and Lochside Cottage were subsequently demolished but I don't know when. All I know is that neither currently exist. As I said, brilliant work, Alan. You're a star!

Again, many thanks to you all.

Cheers,

Rodeo

[Currie]

Hello Rodeo,

It looks like the house was still standing in 1940. There’s an obit in The Glasgow Herald, 17 September, 1940, for a Dr. Alexander Anderson, who died at his residence, Lochside House, Bent Road, Hamilton. http://news.google.com/newspapers?id=5B ... ouse&hl=en

Thanks for the star.

All the best,
Alan

[Rodeo]

Many thanks again, Alan. Apparently, Lochside House was sold to the erstwhile Dr. Anderson subsequent to the death of Gavin Paterson (architect) there in 1934. That explains why his widow didn't reside in Lochside House at the time of her death in 1953. You get another guernsey for that!

All the best,
Rodeo