16 Geo. 2. c. 11. on preses receiving bad The like pe ing good votes. called for, or whose vote shall be refused, tó be recovered by him, or his executors, in the manner herein-after directed; and if the preses after he is chosen shall, in the election of the member to serve in parliament, receive the vote of any person who does not stand upon the roll duly made by the said meeting, he shall, for every such offence, forfeit the sum 2001. penalty of two hundred pounds sterling to every candidate for whom such person shall not have given his vote, to be recovered by him, or his executors, in the manner herein-after directed; or if the preses after he is chosen shall, in the election of the member to serve in parliament, not call for, or shall refuse the vote of any person whose name is upon the said roll so made up, as aforesaid, he shall, for every such offence, forfeit the like sum of two hundred nalty for refus- pounds sterling to the person whose name shall not be called for, or whose vote shall be refused, to be recovered by him or his executors, in the manner herein-after directed and it is hereby declared, that in case of equality of votes in the choice of preses or clerk, the commissioner last elected, and in his absence any freeholder present who last represented the shire or stewartry in any former parliament; and if no such person is present, the freeholder present who presided last at any meeting for any election, and in his absence the freeholder who last presided at any Michaelmas meeting; and if none of the said persons who shall be present, the freeholder present who stands first on the roll, shall, besides their own votes as freeholders, have the casting and determining vote, and that the preses chosen, shall, after his election, in the choice of the commissioner to serve in parliament, and all other questions, where On equality of votes, in choosing præses or who shall have the casting vote. In choice of commissioner preses to have casting vote. the votes are equal, in like manner, besides his own vote as a freeholder, have the casting and determining vote. 16 Geo. 2. c. 11. chosen by the present, stand party shall other act. 14. And be it further enacted, by the au- Preses and thority aforesaid, that the persons chosen to be clerk to be preses and clerk, by the majority of the free- majority of the holders present, standing on the said roll, shall freeholders be preses and clerk of the meeting for such ing on the roll. election; and it shall not be lawful for any number of freeholders to separate from the ma- No separated jority of the persons present, who stand upon choose anothe said roll, and set up any person as preses ther. or clerk, other than those who shall be chosen by the majority of the freeholders present, standing on the said roll, and that it shall not be lawful for any person to act as preses or Nor shall any clerk at any such election, unless they are chosen by the majority of persons standing on the said roll; and every freeholder who shall so separate from the majority of the freeholders 50l. penalty on on the roll, and set up any person as preses or separating clerk, other than those who shall be chosen by hor the majority as aforesaid, he shall for every such offence forfeit the sum of fifty pounds sterling, to the candidate who shall be chosen by the majority of the freeholders from whom such separation was made; to be recovered by him, or his executors, in the manner hereinafter directed: and if any person presume to act as preses or clerk, who is not chosen by the majority of the freeholders present, standing on the said roll, he shall, for every such offence, forfeit the sum of two hundred pounds ster- 2001. penalty ling to the candidate who shall be chosen by on acting as the majority of the freeholders, as aforesaid, to without any be recovered by him or his executors, as herein- authority. after directed. from the free preses or clerk, 16 Geo. 2. c. ii. Minutes of election of clerk to be signed, and declerk chosen. livered to the 100l. penalty sign and deli ver them, or on signing false minutes. Clerk to make a true return. 15. And be it further enacted, by the authority aforesaid, that the commissioner last elected, or in his absence the sheriff or steward's clerk, shall sign the minutes of the election of preses and clerk, and deliver the same to the clerk chosen by the majority of the freeholders, as aforesaid; and if the commissioner last elected, or in his absence, the sheriff or steward's clerk, shall neglect or refuse to sign the aforesaid minutes of election of preses and clerk, and deliver the same to the clerk chosen, as aforesaid, or shall sign false minutes thereof, he shall, for every such offence, forfeit the sum of one hundred pounds sterling to the person elected preses, as aforesaid, to be recovered by him, Or his executors, in the manner hereafter directed. 16. And be it further enacted, by the authority aforesaid, that the clerk chosen by the majority of the freeholders on the aforesaid roll, shall return to the sheriff or steward such person as shall be elected by the majority of the freeholders on the roll made up at the meeting for election, in the manner aforesaid; and if the clerk chosen, as aforesaid, shall refuse or neglect to return the person elected by the majority of the freeholders on the roll, made up at the meeting for election, or shall return any person other than him who shall be elected by the majority of the freeholders, as aforesaid, he shall, for every such offence, instead of the penalty or forfeiture to which he is made liable by the aforesaid act made in the 7th year of his present (false one, in- majesty, forfeit the sum of five hundred pounds ty of 7 Geo. 2. sterling to the candidate chosen by the majority 5001. penalty on refusing, or making a stead of penal c. 16. § 1. 8.) of the freeholders on the aforesaid roll; to be recovered by him or his executors, in the manner hereinafter directed. 16 Geo. 2. c. 11. nutes of elec 17. And be it further enacted, by the autho- The return to rity aforesaid, that every sheriff or steward of be annexed to the writ, by any shire or stewartry, within that part of sheriff, on Great Britain called Scotland, upon producing him of roll, production to to him a copy of the aforesaid roll last made up &c. and of miby the freeholders at the last Michaelmas meet- tion of preses ing, or at the last election of a member to serve and clerk, signin parliament, extracted and signed by the she- ed as herein. riff or steward's clerk, and upon producing and shewing to him the original minutes of the election of preses and clerk signed by the commissioner last elected, or in his absence, by the sheriff or steward's clerk, shall annex to the writ the return made by the clerk chosen by the majority of the freeholders on the aforesaid roll; and if any such sheriff or steward shall neglect or refuse to annex to the writ such return, or if he shall annex to the writ the return made by any other person pretending to be clerk to the election, he shall, for every such offence, instead of the penalty or forfeiture to which he is made liable by the aforesaid act made in the 7th year of his present majesty, 500l. penalty forfeit the sum of five hundred pounds sterling, on sheriff reto the person returned by the clerk, and chosen fusing, &c. or by the majority of the freeholders on the afore- the writ any said roll, to be recovered by him or his executors, in the manner hereinafter directed. annexing to other return instead of penalty of 7 Geo. 2. (c. 16. $8.) and see post, 18. And be it further enacted, by the autho- 31. rity aforesaid, that every sheriff or steward of any shire or stewartry, within that part of Great Britain called Scotland, shall hold the 16 Geo. 2. c. 11. The Michael mas head court shall be held on the usual day; at least four teen days be fore Michael mas. To be inti. mated in parish churches eight days before. Usage of the Michaelmas head court in all time to come, on, the day on which it shall appear to him to have been most usually held in times past; and to prevent all uncertainty in time coming, every sheriff or steward shall, at least fourteen days before Michaelmas next, appoint a precise day for holding his Michaelmas head court, in the year 1743; and shall cause intimate the day of holding his court at all the parish churches within his said shire or stewartry upon a Sunday, at least eight days preceding the next Michaelmas head court: and it is hereby declared, that the days so to be appointed by the said sheriff or steward before Michaelmas next, shall be the anniversary for holding the Michaelmas head court of the said shire or stewartry in all time coming. 19. "And whereas by the constitution of the shire of Suther-«shire of Sutherland, and by constant usage, "the small barons of the said shire have been land. represented in parliament, not only by the "immediate vassals of the king and prince, but "also by those who held their lands of the earls "of Sutherland, or of other subject superiors, " and such vassals holding their lands of subject "superiors, have been in use to vote at the "election of the commissioners for the said "shire of Sutherland, as well as the vassals of "the king and prince, and that without any "restriction as to the quota of the old extent, "or of the valued rent of the lands, in respect "whereof a right to vote at such elections, or "to be elected commissioner for the said shire "was claimed, and thereby votes have been "unduly multiplied, and several persons have "claimed a vote in respect of the superiority "and property of the same lands, whereby |