"for which I claim a right to vote in the elec"tion of a member to serve in parliament for "this county or stewartry, is actually in my "possession, and do really and truly belong to 66 me, and is my own proper estate, and is not "conveyed to me in trust, or for or in behalf "of any other person whatsoever; and that "neither I, nor any person to my knowledge, in my name, or on my account, or by way my allowance, hath given, or intends to give, "any promise, obligation, bond, back-bond, or "other security whatsoever, other than appears "from the tenor and contents of the title, upon "which I now claim a right to vote, directly or "indirectly, for re-disponing or re-conveying "the said lands and estate in any manner of "whatsoever, or for making the rents or profits "thereof forthcoming to the use or benefit of "the person from whom I have acquired the "said estate, or any other person whatsoever; "and that my title to the said lands and estate " is not nominal or fictitious, created or re"served in me, in order to enable me to vote "for a member to serve in parliament; but that "the same is a true and real estate in me, for "my own use and benefit, and for the use of no "other person whatsoever; and that is the truth, as I shall answer to God." 66 7 Geo. %. c. 16. to be admit roll. 3. And that in case he shall refuse, if re- In case of required, to take and subscribe the oath aforesaid, fusal, vote not his vote shall not be admitted or allowed, and ted, and name his name shall forthwith be erased out of the erased out of roll of freeholders; and in case any person shall presume wilfully and falsely to swear and sub- Penalty on falsely swearscribe the said oath, and shall be thereof law- ing or subfully convicted, he shall incur the pains and scribing.. punishment of perjury, and be prosecuted for k Sheriffs four days after receipt of the writs to issue precepts for choosing delegates, and chief magistrate two days after to summon the the same according to the laws and forms in use in Scotland. 4. And be it further enacted, That no judge of the court of session, or justiciary, or baron of the court of exchequer in Scotland, shall be capable of being elected, or of sitting or voting as a member of the house of commons in any parliament which shall be hereafter summoned and holden. 5. And be it further enacted, by the authority aforesaid, that the several sheriff's and stewarts in Scotland shall, within the space of four days after the writ shall come to their hand, issue their precepts to the several boroughs within their jurisdiction to elect their delegates, and shall cause the same to be delivered to the chief magistrate of such borough resiant in the borough for the time being; and that such chief magistrate, to whom such precept shall be delivered, shall within two days after his receipt of the same, call and summon council of the the council of the borough together, by giving notice personally, or leaving notice at the dwelling place of every counsellor then resiant Council to ap- in such borough, which council shall then appoint a day for point a peremptory day for the election of the delegate; but two free days shall intervene between the meeting of the council which appoints the day of election of the delegate, and the day on which the election of the delegate is to be made. borough. electing dele gates. No counsellor or magistrate to separate from the majority at the 6. And to prevent double elections of magistrates in boroughs, which frequently occasion double commissions to delegates, Be it enacted, annual elec- by the authority aforesaid, that at the annual 7 Geo. 2. c. 16. elect separate but to submit majority of the town council. election of magistrates and counsellors for boroughs, no magistrate or counsellor, or any number of magistrates or counsellors, shall, for tion for bothe future, upon any pretence whatever, take roughs, and upon him or them to separate from the majority magistrates of the magistrates aud counsellors, who have or counsellors, been such for the year preceding, and to ap- to the election point or elect separate magistrates or counsel- made by the lors, but shall submit to the election made, and to the magistrates and counsellors elected and appointed by the majority of the town council assembled; and if, contrary to the direction of this act, any number of magistrates or counsellors shall, in opposition to the majority, take upon them to make a distinct and separate election of magistrates or counsellors, their act and election shall be ipso facto void, and every magistrate or counsellor, who concurred therein, shall forfeit and lose the sum of one hundred pounds sterling, to be recovered by the magistrates and counsellors, from whom they separated, in manner hereinafter directed. On penalty of 100. (See post 16 Geo. .c.11. § 22.) counsellors of prehending election, may eight weeks 7. Provided always, and it is hereby declared Magistrates or and enacted, that it shall and may be lawful to and boroughs apfor any magistrate or counsellor of the borough, wrong done at who apprehends any wrong was done at any any annual annual election, to bring his action before the bring their accourt of session in Scotland, for rectifying such tion within abuse, or for making void the whole election after election. (if illegal) only within the space of eight weeks after such election is over; and the lords of session shall, and they are hereby expressly authorised and required to hear and determine the cause summarily, and to allow to the party that shall prevail their full costs of suit. 7 Geo. 2. c. 16. on sheriffs, stewarts, or clerks of presiding burghs making false returns. To be reco vered in a before the court of ses sion. 8. And be itfurther enacted, that every sheriff or stewart in Scotland, who shall wilfully annex 5001. penalty to the writ any false or undue return, and every common clerk of any presiding borough, who shall wilfully return to the sheriff or stewart any person, other than the person elected, or who shall neglect or refuse to return the person duly elected, shall forfeit the sum of five hundred pounds sterling to the person entitled to have been returned, and not returned, to be recovered from the said sheriff, stewart, or common clerk, their heirs, executors, or administrators respectively, in a summary way, by action, petition, or summary complaint, before the said summary way, court of session, upon service of such summons, or of a copy of such petition or summary complaint, on fifteen days notice or warning, without abiding the course of any rolls, or further delay whatsoever; which action, petition, or complaint, the judges of the said court are hereby required to judge of, and determine with all convenient speed: provided always, that such action, petition, or complaint be commenced, presented, or made within the space of six months after the return is made. And in case the person duly elected, and not returned, shall neglect or omit to sue for the said penalty within the time before mentioned, then any freeholder within the shire or stewartry, or any magistrate or person bearing office in any of the boroughs of the district for which the return is unduly made, may sue for and recover the same to his own use, by snch action, petition, or complaint, and in such manner as is before mentioned, with double costs of suit, and in what provided always, that such freeholder magistrate, or person bearing office, shall commence Complaints of undue returns to be com menced in six months after return. Who may sue for such penalty, time. or bring such action within the space of twelve 7 Geo. 2. c. 16. to be recover 9. And be it enacted, by the authority afore- Penalties how said, that every penalty by this act imposed, ed. with respect to the discovery of which no particular provision is herein before made, shall and may be sued for and recovered by way of summary complaint before the court of session in Scotland, upon fifteen days notice to the person complained of, without abiding the course of any roll; which said complaint the court of and the 14 Geo. session is hereby authorised and required to de- 3. termine with all convenient speed. (See 16 Geo. 2. c. 11. § 24. altering the fifteen to thirty days, c. 81. §1. again altering it to fifteen.) take the oaths at the election of a clerk, &c. 10. And be it further enacted, that every Freeholders, if freeholder in Scotland shall, before he be either required, to inrolled or admitted to vote at any future election, or meeting for inrolment, in any question for the choice of clerk or præses, or other question whatsoever (if required by any freeholder present) be obliged to take and subscribe the oaths appointed by law to be taken by electors of members to serve in parliament, when required so to do; which oath the preses or clerk of the meeting is hereby impowered and required to adininister. 46 11. tions. "And whereas there have been some Method of pre"mistakes in the district of the boroughs of siding at elec Wigtoun, Whithorn New Galloway, and "Stranraver, in relation to their presiding at "elections of members of parliament for that "district, which may occasion disputes at fu"ture elections:" for remedying thereof, Be it enacted, that the boroughs continue to preside in the course they are now in, and that the borough of Wigtoun shall preside at the elec |