objections to

before the said Michaelmas meeting, leave with 17 Geo.2.c.11. the sheriff or steward's clerk a copy of his claim, setting forth the names of his lands, and his titles thereto, and dates thereof, with the old extent or valuation, upon which he desires to be inrolled, and in case of his neglect to leave his claim as aforesaid, he shall not be inrolled at such Michaelmas meeting; and in like manner, or on making whoever intends to object to any freeholder who others already. stands upon the roll, on account of the altera- inrolled, tion of his circumstances, shall, at least two calendar months before the Michaelmas meeting, leave his objections in writing with the sheriff or steward's clerk as aforesaid, who is hereby required, upon receipt of the aforesaid claim or objections, to indorse on the back thereof the day he received the same, and also to give a copy of the aforesaid claim or objections, to any person who shall demand the same, upon paying the legal fee of an ordinary extract of the same length.

66

8. "And whereas great difficulties have occurred in making up the rolls of electors of "commissioners for shires, by persons claiming to be inrolled, in respect of the old extent of "their lands, where the old extent does not appear from proper evidence, and votes have "been unduly multiplied by splitting and di

66

sioners for

in the roll of

viding the old extent of lands, since the six- None to vote "teenth day of September, 1681" for remedy for commisthereof, be it enacted and declared by the autho- shires, &c. or rity aforesaid, that no person is or shall be en- to be enrolled titled to vote for a commissioner to serve in parliament, for any shire or stewartry in that part of Great Britain called Scotland, or to be inrolled in the roll of electors, in respect of the old extent of his lands, holden of the king or unless

electors, in respect of the his lands, holden of the king or prince,

old extent of

proved by a

16th Sept. 1681.

16 Geo. 2.c.11. prince,, unless such old extent is proved by a retour of the lands of a date prior to the sixretour prior to teenth day of September, 1681, and that no division of the old extent, made since the aforesaid sixteenth day of September, 1681, or to be Division of old made in time coming, by retour or any other tiply electors way, is or shall be sustained as sufficient eviprohibited. dence of the old extent.

extent to mul

Proviso.

of the king or

9. Provided always, that lands holden of the Lands holden king or prince, liable in public burdens for four prince, taxable hundred pounds Scots of valued rent, shall in at 4001, to be all cases be a sufficient qualification, whatever whatever be be the old extent of the said lands; any law or practice to the contrary notwithstanding.

a qualification,

the old extent.

How a purchaser shall

is inrolled;

also an heir apparent.

send their

vouchers, and

that

10. And be it further enacted, by the authority aforesaid, that no purchaser, or singular act before he successor, shall be inrolled till he be publicly infeoft, and his seisin registered, or charter of confirmation be expede where confirmation is necessary, one year before the inrolment; and that no heir apparent shall be inrolled, until his predecessor's titles are produced, and allowed by the freeholders, as a sufficient qualification Persons may for his voting for a member of parliament; and any person may be inrolled, though absent at the time of such inrolment, provided the though absent. titles and vouchers of his qualification are produced, and laid before the freeholders; and if any person shall be chosen a member to serve in parliament for any shire or stewartry within that part of Great Britain called Scotland, who shall not be present at the meeting of election; be it enacted by the authority aforesaid, that the member to serve in parliament so elected, liament, before before he takes his seat in parliament, shall take the oath appointed to be taken by every free

be inrolled,

Every one chosen in his

absence, to serve in par

he takes his

66

the free

seat, shall take holder's oath, appointed by

7 Geo. 2. c. 16.

holder, who shall claim to vote at any election 16 Geo. 2. c.11. of a member to serve in parliament, by the act of the seventh year of his present majesty, intituled, "An act for the better regulating the "election of members to serve in the house of commons, for that part of Great Britain called Scotland; and for incapacitating the judges of the court of session, court of justiciary, and the barons of the court of "exchequer in Scotland, to be elected, or to "sit or vote as members of the house of com- Before the lord mons," before the lord steward of his majesty's steward of the houshold, or any person or persons authorized hold. by him for that effect, which he or they are hereby impowered and required to administer; and if a member to serve in parliament, so elect

king's house

ed, shall neglect or refuse to take the aforesaid On refusing oath, such election shall be void.

the oath, the election to be

void.

original con

11. And be it further enacted, by the authority aforesaid, that at the annual meetings of the freeholders at Michaelmas, the original con- Who are to be situent members shall be such persons only as stituent memshall stand upon the roll, that shall have been bers. last made up, whether at a Michaelmas meeting, or at a meeting for an election of a member to serve in parliament, and that a copy signed and extracted of the roll made up by the free- Minutes of holders at their Michaelmas meetings, or meet- be entered in proceedings to ings for elections, together with the minutes of books kept by their proceedings at their said meetings, shall, steward's. by the respective clerks of such meetings, be clerk. forthwith delivered to the sheriff or steward's clerk gratis, and shall be inserted in books to be kept by the said sheriff or steward's clerk for that purpose, who shall forthwith deliver copies of the same, extracted and signed, to any freeholder who shall desire the same, paying the

the sheriff or

16 Geo. 2. 11. legal fee for an ordinary extract of the same length, and shall at every subsequent meeting

at public meet

ings.

at Michaelmas, or meeting for any election, Minute-books produce the said books, for the use of the freeto be produced holders; and in case such sheriff or steward's clerk shall neglect or refuse to enter the aforesaid rolls of election, or minutes of proceedings, into books so to be kept for that purpose as aforesaid, or shall neglect or refuse to give copies thereof, extracted and signed, or shall omit to produce the books at any subsequent meeting as 1001. penalty aforesaid, he shall for every such offence forfeit

on refusal.

100l penalty on giving false copies of the minutes.

The roll of electors last

made up, shall be used at the

next election.

the sum of one hundred pounds sterling to be recovered by any freeholder, within such shire or stewartry, who shall sue for the same, in such manner as is hereafter directed; and if the aforesaid principal books, containing the rolls and minutes as aforesaid, shall not be produced at the Michaelmas meetings, or meetings for election, a copy of the said roll and minutes, extracted and signed by the sheriff or steward's clerk, shall be sufficient; and if the sheriff or steward's clerk shall give out false copies of the said roll or minutes, extracted and signed by him, he shall for every such offence forfeit the sum of one hundred pounds sterling to the person to whom the false copy is given, to be recovered by him or his executors, in the manner hereinafter directed, and shall be for ever after incapable of holding or enjoying his said office.

12. And be it further enacted, by the authority aforesaid, that at every election of a commissioner to serve in parliament for any shire or stewartry, within that part of Great Britain called Scotland, the roll of electors which shall be last made up by freeholders, whether at the Michaelmas meeting, or at the last elec

tion of a member to serve in parliament, shall be the roll to be called over by the commissioner last elected, or in his absence by the sheriff or steward's clerk, in order to the election of preses and clerk, as also by the preses after he is chosen, for the choice of the member to serve in parliament, and for the determination of all the questions that shall arise in the adjusting the roll, and in the course of the election, excepting so far as the said roll shall, after the meeting is duly constituted by the choice of preses and clerk, be altered by judgment of the majority of the freeholders standing on that roll, by leaving out those whose circumstances are altered, and by adding others, who produce proper titles.

16 Geo. 2.

c. 11.

the

13. And be it further enacted, by the authority aforesaid, that at every meeting for an election of a commissioner to serve in parliament, if the commissioner last elected, or in his absence the sheriff or steward's clerk, shall, in the choice of preses or clerk, receive the vote of any person that does not stand upon the said, roll, he shall, for every such offence, forfeit the sum of three hundred pounds ster- 500l. penalty ling to every candidate for the office of preses for taking false vote, in or clerk respectively, for whom such person choice of shall not have given his vote, to be recovered prescs. by him or them, his or their executors respectively, in manner herein-after directed; or if the commissioner last elected, or in his absence the sheriff or steward's clerk, shall, in the choice of preses or clerk, not call for, or shall refuse the vote of any person whose name is upon the said roll, he shall, for every such offence, forfeit the like sum of three hundred pounds ster- The like pe ling to the person whose name shall not be nalty on refus

ing good votes