5 Ann. c. 8. peers and forty-five members to represent Scot land in the parliament of Great Britain as aforesaid, shall be, and the same is hereby declared to be as valid as if the same had been part of and engrossed in the said articles of union, ratified and approved by the said act of parliament of Scotland, and by the act as aforesaid.

Forty-five representatives

of Scotland to

The Stat. Anno 6 Annæ Reginæ, Cap. 6. An Act for rendering the Union of the Two Kingdoms more entire and complete.

5. " AND for the more uniform and express " method of electing and returning members of "parliament," be it likewise further enacted, by the authority aforesaid, That when any parliament shall at any time hereafter be summoned or called, the forty-five representatives of Scotland in the house of commons of the parliament of Great Britain, shall be elected and chosen by authority of the queen's writs under the great seal of Great Britain, directed to the several sheriffs* and stewarts of the respective shires and stewartries; and the said several 35. Geo 3.c.65. sheriffs and stewarts shall, on receipt of such writs, forthwith give notice of the time of elec tion for the knights or commissioners for their

be elected by authority of writs under

the great seal

of Great

Britain; (see further provisions by the

$1 and 2.) Sheriff and

stewarts on receipt of writs, must give

tion.

Where there is a princinotice of elec- pal or high sheriff, and also a sheriff depute, the sheriff depute or his substitute is to act, 35 Gea. 3. c. 65. § 2, and

there is by the same act a penalty of £1000, and disability from office on high sheriff's interfering.

mediately after

election, to re turn the name. elected into the court out of

of persons

which the writ

receipt of writ

provost of

respective shires or stewartries, and at such 6 Ann. c. 6. time of election the several freeholders in the respective shires and stewartries shall meet and convene at the head burghs of their several shires and stewartries, and proceed to the election of their respective commissioners or knights for the shire or stewartry; and the clerks of the said meetings, immediately after Clerks of the said elections are over, shall respectively meetings im return the names of the persons elected to the sheriff or stewart of the shire or stewartry, who shall annex it to his writ, and return it with the same into the court out of which the writ issued: and as to the manner of election of the issued. fifteen representatives of the royal boroughs, the sheriff of the shire of Edinburgh shall, on Sheriff of the receipt of the writ directed to him, forth- Edinburgh on with direct his precept to the lord provost of to issue preEdinburgh, to cause a burgess to be elected cept for that city; and on receipt of such precept, Edinburgh. the city of Edinburgh shall elect their member, City of Edin and their common clerk shall certify his name upon to elect a to the sheriff of Edinburgh, who shall annex certify his it to his writ, and return it with the same into name to the the court from whence the. writ issued: and to make the as to the other royal burghs, divided into four- return. teen classes or districts, the sheriff's or stewarts of the several shires and stewartries, shall, on the receipt of their several writs, forthwith di- So other she. rect their several precepts to every royal arts to send borough within their respective shires or stew- precepts to artries, reciting therein the contents of the in their diswrit, and the date thereof, and commanding tricts to elect them forthwith to elect each of them a commissioner as they used formerly to elect commissioners to the parliament of Scotland, and to order the said respective commissioners to meet at the presiding borough of their respec

burgh there

member, and

riffs and stew

boroughs with

commissioners.

Commissioners

the thirtieth

teste of the

writ (unless on

burgess.

burgh immediately after election to re

6 Ann. c. 6. tive district (naming the said presiding borough) upon the thirtieth day after the day of the to meet at pre-teste of the writ, unless it be upon the Lord'ssiding burgh on day, commonly called Sunday, and then the day after the next day after, and then to choose their burgess for the parliament; and the common clerk Sunday) to of the then presiding borough shall immediately choose their after the election, return the name of the perCommon clerk son so elected to the sheriff or stewart of the of presiding shire or stewartry wherein such presiding borough is, who shall annex it to his writ, and return it with the same into the court from whence the writ issued; and in case a vacancy shall happen in time of parliament, by the decease or legal incapacity of any member, a new member shall be elected in his room, conformable to the method herein-before appointed; and in case such vacancy be of a representative for any one of the said fourteen classes, or districts of the said royal boroughs, that borough which presided at the election of the deceased or disabled member, shall be the presiding borough at such new election.

turn the name

of the person elected, to the who is to make

sheriff, &c.

the return. In case of

death or inca pacity another

to be chosen.

Shire or stew

having a turn

omitted out of

6. Provided always, that upon the issuing of artry, &c. not writs of summons for the electing of a parliato elect, to be ment, if any shire or stewartry wherein a royal the writ, &c. borough is, hath not then a turn, or right to elect a commissioner, or knight of the shire or stewartry for that parliament, that then it shall be omitted out of the writ directed to such sheriff or stewart, to cause a knight, or commissioner for that shire or stewartry to be elected for that parliament.

The Stat. Anuo 6° Annæ Reginæ, Cap. 23.

An Act to make further Provision for electing and summoning Sixteen Peers of Scotland, to sit in the House of Peers in the Parliament of Great Britain, and for trying Peers for Offences committed in Scotland; and for the further regulating of Voters in Election of Members to serve in Parliament.

"WHEREAS, by the two and twentieth arti- 5 Ann. c. 8. "cle of the treaty of union, for uniting the "two kingdoms of England and Scotland, "ratified and confirmed by the respective par"liaments of each kingdom, it was, amongst "other things, provided, that when her majesty, "her heirs or successors, should declare their pleasure for holding the first, or any subsequent parliament of Great Britain, until the "parliament of Great Britain, should make "further provision therein, writs should issue "under the great seal of the united kingdom "of Great Britain, directed to the privy "council of Scotland, commanding them to cause sixteen peers, who were to sit in the "house of lords, to be summoned to parliament, in such manner as by an act of the "then present session of parliament of Scotland, was or should be settled; in which session of "the parliament in Scotland, an act was accordingly passed for that purpose, intituled, "An act settling the manner of electing the "sixteen peers, and forty-five members to represent Scotland in the parliament of

66

66

66

פיי

6 Ann. c. 23. "Great Britain, which act was afterwards "confirmed by the parliament of England, and "declared to be as valid as if the same had "been part of and ingrossed in, the said arti"cles of union; by which act it is, amongst "other things, provided and enacted, that the "sixteen peers who should have a right to sit "in the house of peers in the parliament of "Great Britain, on the part of Scotland, by "virtue of the said treaty, should be named by "the said peers of Scotland, whom they repre

sent, their heirs or successors to their digni"ties and honours out of their own number, "and that by open election and plurality of "voices of the peers present, and of the proxies "for such as should be absent, the said proxies being peers, and producing a mandate in writing duly signed before witnesses, and "both the constituent and the proxy being "qualified according to law; and that such peers as were absent being qualified as afore"said, might send to all such meetings, a list "of the peers whom they judged fittest, validly "signed by the said absent peers, which should "be reckoned in the same manner as if the "parties had been present and given in the said "list; and in case of the death, or legal incapacity, of any of the said sixteen peers, that "the aforesaid peers of Scotland, should nomi

tr

nate another of their own number in place of "the said peer or peers, in manner as therein is "mentioned; and it was thereby further "enacted, that until the parliament of Great "Britain should make further provision there"in, the said writs so to be issued, should con"tain a warrant and command, to command the "said privy council to issue out a proclamation "in her majesty's name, requiring the peers of