7 Gea. 2. C. 16.

tion of a member to represent that district in the next parliament, and that the other boroughs of the district preside afterwards in the method prescribed by the act of parliament of Scotland, made in the fourth session of the first parliament of queen Anne, intituled, An act for settling the manner of electing the sixteen peers, and forty-five commoners, to represent Scotland in the parliament of Great Britain. A. D. 1734,

The Stat. Anno 16° George 2. Cap. 11.

An Act to explain and amend the Laws touching the Elections of Members to serve far the Commons in Parliament, for that Part of Great Britain called Scotland; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections.

"WHEREAS many returning officers of mem"bers to serve for the commons in parliament "for that part of Great Britain called Scotland, "have of late presumed to act in a most par"tial and arbitrary manner, sometimes upon "false pretences, that the rolls of electors of "commissioners for shires were not regularly "made up, or that the commissioners for the "several boroughs intitled to vote in the "choice of a member for the respective dis

tricts of boroughs were not duly elected,

66

C. 11.

st. 1. c. 6. § 3.

"or were not authorised by proper commis- 16 Geo. 2 "sions, and sometimes without any pretence "at all, encouraged thereto from hopes of impunity, by reason that the laws in being have "either provided no sufficient punishment for "such offences; or where penalties are pro"vided, it has been found by experience to be "extremely difficult, and scarcely possible to recover them :" For remedy thereof, Be it enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that so much of an act Part of the of parliament made in the 12th year of the act 12 Ann. reign of her late majesty queen Anne, intituled, repealed, "An act for the better regulating the elec"tions of members to serve in parliament, for "that part of Great Britain called Scot"land," as enacts, that no person or persons, who have not been inrolled, and voted at former elections, shall, upon any pretence whatsoever be inrolled, or admitted to vote at any election, except he or they first produce a sufficient right or title to qualify him or them to vote at that election, to the satisfaction of the freeholders formerly inrolled, or the majority of them present, and ordains the returning officers to make their returns of the persons elected, by the majority of the freeholders inrolled, and those admitted by them, reserving always the liberty of objecting against the persons admitted to, or excluded from, the roll as formerly, shall be and is hereby repealed.

"2. And whereas the rolls of electors of com"missioners to serve in parliament for the several

(ante.cii.)

16 Geo. 2. c.11. "shires and stewartries within that part of Great "Britain called Scotland, have not, in every one "of the said shires and stewartries, been made up every year, at the Michaelmas head courts, pur"suant to the directions of an act of parliament "made in that part of Great Britain called Scot"land, in the year 1681, intituled, An act concerning the election of commissioners for "shires" for remedy thereof, and the more effectually to carry the good intentions of the said act into execution; Be it enacted, Scotland, 1681, and declared by the authority aforesaid, that Such persons as such persons as stand upon the roll last made roll last made up by the freeholders, whether at the Michaelup by the free- mas meeting, or at the last election of a member coustituent to serve in parliament, shall be the original constituent members at their next Michaelmas meeting, or meeting for election, to revise the said roll.

Act made in

strengthened.

stand upon the

holders to be

the

members to revise the roll.

Freeholders

the title of any

the roll.

3. Provided always, and be it enacted by the may object to authority aforesaid, that it shall and may be person stand lawful for any freeholder standing upon the roll, ing then upon to object to the title of any person who stands at present upon the roll last made up, and for that purpose to apply at any time before the first day of December, which shall be in the year of our Lord 1743, by summary complaint to the court of session, who shall grant a warrant for summoning such persons upon thirty days notice to answer, and shall proceed in a summary way, to hear and determine upon such complaint; and if no such complaint shall be exhibited within the time aforesaid, then and in that case no freeholder, who at present stands upon the rolls last made up in the said counties and stewartries respectively, shall be struck off or left out of the roll, except upon sufficient objections aris

ing from the alteration of that right or title, in 16 Geo.2.c.11. respect of which he was inrolled, sustained by the other freeholders standing upon the said

roll.

person is

4. And be it enacted, by the authority afore- If a person said, that if at any Michaelmas meeting, or inrolled is reclaiming to be meeting for election, any person claiming to be fused, or if a inrolled, shall by judgment of the freeholders struck off the be refused to be admitted, or if any person who roll, stood upon the roll shall by like judgment be struck off, or left out of the roll; it shall and may be lawful for him or them who is so refused to be admitted, or whose name is so struck off or left out of the roll, to apply (so as such application be made within four calendar months after their being so refused, struck off, or left out) by summary complaint to the court of session, who shall grant a warrant for summoning the person or persons upon whose objection or objections he was refused to be admitted, or was struck off or left out as aforesaid, upon thirty days notice to answer, and shall proceed to hear and determine in a summary way on such complaint; and if any person shall be inrolled, either may apwhose title shall be thought liable to objection, peal to the it shall and may be lawful for any freeholder sion. standing upon the said roll (whether such free- so any freeholder was present at the meeting or not) who holder may apprehends that such person had not a right to the inrolment be inrolled, to apply in like manner by com- of another. plaint to the court of session, so as such application be made within four calendar months after such inrolment; and the said court, after service of such complaint, on thirty days notice, Court of sesupon the person said to be wrongfully admitted sion to deterto the roll, shall in manner aforesaid hear and mine. determine; and if no such complaint shall be

appeal against

16 Geo.2.c.11. exhibited within the time aforesaid, the freeholder inrolled shall stand and continue upon the roll until an alteration of his circumstances be allowed by the freeholders at a subsequent Michaelmas meeting, or meeting for election, as a sufficient cause for striking or leaving him out of the roll.

Officers not obeying the

sion,

5. And be it enacted, by the authority aforecourt of ses said, that if, in any of the aforesaid cases, the judgment of the court of session shall alter or reverse the determination of the meeting of the freeholders, by directing that any person shall be added to, or expunged from, the roll of election, the sheriff or steward's clerk shall, upon presenting to him the extract of such judgment, forthwith make the alteration thereby directed. in the books that are kept by him; and in case to forfeit 1001. of his refusal or delay, he shall forfeit the sum of one hundred pounds sterling to the person in whose favour the judgment of the court of session is given, to be recovered by him or his executors in the manner herein-after directed.

Appellant, if the court of session affirm

the freeholders' feit to the ob

order, to for

jector 301. and

costs.

Manner of act

surprise, on freeholder's

6. And be it further enacted, by the authority aforesaid, that if the judgment of the freeholders refusing to admit, or striking off any person from the said roll shall be affirmed by the court of session, the person so complaining shall forfeit to the objector the sum of thirty pounds sterling, with full costs of suit.

7. And be it enacted, by the authority aforeing to prevent said, that to prevent all surprise, at the Michaelmas meetings, every freeholder who intends to claim to be inrolled at any subsequent Michaelmas meeting of the freeholders, shall, for the space of two calendar months at least

claiming to be inrolled;