C. 11. Clerk not to mission for any chosen by commission for him, or making it out to forfeit 500l. for any other, 16 Geo. 2. thereto, and sign such commission, and shall not on any pretence whatsoever make out a commission for any person as commissioner, make out com- other than him who is chosen by the majority but he who is as aforesaid; and if any common clerk of any majority. borough shall neglect or refuse duly to make Clerk neglect. Out and sign a commission to the commissioner ing to make out elected by the majority as aforesaid, and affix the seal of the borough thereto; or if he shall make out and sign a commission to any other person who is not chosen by the majority, or affix the common seal of the borough thereto; he shall, for every such offence, forfeit the sum of five hundred pounds sterling to the person elected commissioner for the said borough as aforesaid, to be recovered by him or his executors in the manner hereinafter directed, and shall also suffer imprisonment for the space of six calendar months, and be for ever after disabled to hold or enjoy the said office of common clerk of the said borough, as effectually as if he was naturally dead. 5001. penalty who is not 27. And be it further enacted, by the authoon any person rity aforesaid, that if any other person who is common clerk, not the common clerk of the borough, shall acting as such, take upon himself to act as such in any election wrongful of a commissioner for choosing a burgess for any and making commissions. district of boroughs in that part of Great Britain called Scotland, and shall make out à commission for any other person as commissioner, other than the person who was chosen by the majority as aforesaid, and shall sign or affix the common seal of the borough thereto; he shall, for every such offence, forfeit the sum of five hundred pounds sterling, to the person elected commissioner for the said borough as aforesaid, to be recovered by him or his executors in the manner hereinafter directed. 28. "And whereas by an act passed in that part of Great Britain called Scotland, the fifth day of February, in the year 1707, intituled an act settling the manner of electing "the sixteen peers, and forty-five commoners, "to represent Scotland in the parliament of "Great Britain;' it is, amongst other things, "enacted, that where the votes of the com"missioners for the said boroughs met to choose "representatives from their several districts to "the parliament of Great Britain, shall be 66 66 16 Geo. 2. C. 11. vote in case of the absence of equal; in that case, the president of the meet- (See ante, cxv.) ing shall have a casting or decisive vote, and "that by and attour his vote as a commissioner from the borough from which he is sent; but no provision is made in case of the absence of "the commissioner from the presiding borough, "or of his refusing to vote at such election:" For remedy thereof, be it enacted by the au- Who shall have thority aforesaid, that if the commissioner from the casting the presiding borough shall be absent from the equality, in meeting of commissioners for choosing burgesses presiding com to serve in parliament, or shall refuse to vote missioner, or at such election, the commissioner from the bo- of his refusing rough which was the presiding borough at the last election; and if he also be absent, or shall refusé to vote as aforesaid, the commissioner from the borough which was the presiding borough at the election immediately preceding the last; and in case he shall be likewise absent, or shall refuse to vote as aforesaid, the commissioner from the borough which was the last presiding borough but two, shall have in the aforesaid respective cases, besides his own vote, the casting or decisive vote. to vote. 29. And be it further declared, by the autho- No objection rity aforesaid, that it is no objection to any residents. &c. against non 16 Geo. 2. C. 11. Votes only of ducing com. missions authenticated, &c. to be allowed. commissioner for choosing a burgess, that he is not a residenter within the borough bearing all portable charges with his neighbours, or that he is no trafficking merchant therein, or that he is not in possession of any burgage lands or houses holding of the said borough, and that such qualifications need not be engrossed in his commission; any law, custom, or usage to the contrary notwithstanding. 30. And be it further enacted, by the authopersons pro- rity aforesaid, that at all meetings of commissioners for choosing burgesses to serve in parliament, the common clerk of the presiding borough shall allow the votes of such persons only who produce commissions authenticated by the subscription of the common clerk, and the common seal of the respective boroughs within the district, and shall return to the sheriff or steward the person elected by the major part of the commissioners assembled, whose commissions are authenticated as aforesaid; and if he neglect or refuse to return such persons so elected to the sheriff or steward, or if he shall return to the sheriff or steward any person other than him who is so elected, 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 5001. penalty majesty, forfeit the sum of five hundred pounds sterling, to the candidate elected by the majority of the commissioners assembled, whose commissions are authenticated as aforesaid, tó be recovered by him or his exccutors, in the manner hereinafter directed, and he shall also suffer imprisonment for the space of six calendar months, and be for ever after disabled to on common clerk for falsc return. And six months impri sonment. hold or enjoy his said office of common clerk of the said presiding borough, as if he was naturally dead. 16 Geo. 2. C. 11. Sheriff, &c. to annex to the writ the return clerk of the presiding bo 31. And be it enacted, by the authority aforesaid, that every sheriff or steward in that part of Great Britain called Scotland, shall annex to the writ the return made by the aforesaid, made by the clerk of the presiding borough; and if any such sheriff or steward neglect or refuse to annex to rough, the writ such return, or if he shall annex to the writ any return made by any other person, 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, forfeit the sum of five hun- on penalty of dred pounds sterling, to the candidate returned 5001. by the aforesaid clerk of the presiding borough, to be recovered by him or his executors, in the manner hereinafter directed. Proviso. having com Person not out, but claim. and may take 32. Provided always, that if any person to whom no commission is made out, as aforesaid, shall insist that he was duly elected the com- mission made missioner from any royal borough, the person ing to have so claiming shall be admitted to the meeting of been elected commissioner, the commissioners for choosing burgesses to to be admitted serve in parliament, and may at the said meet- at the meeting ing make offer of taking all the oaths required the oaths, and by law, and declare for whom he would have declare for voted, had he been duly commissioned, which have voted; oaths the clerk of the presiding borough is hereby required and empowered to administer; and the said clerk shall also set down in the minutes of proceedings, the declaration of such person as to the candidate for whom he would have voted, had he been duly commissioned; whom hewould 16 Geo. 2. c. 11. but the said clerk shall upon no pretence whatsoever receive or consider such person as a legal but the clerk voter, or such declaration as a legal vote, at such election. shall not receive such vote as legal. Act 2. Geo. 2. c. 24. extended to elections of delegates. 33." And whereas doubts have arisen, whether "the act of parliament made in the 2d year of "the reign of his present majesty, intituled, An "Act for the more effectual preventing bribery "and corruption in the election of members to "serve in parliament, extends to the electors "of commissioners for choosing burgesses:" Be it hereby enacted, by the authority aforesaid, that the electors of commissioners for any royal borough, within that part of Great Britain called Scotland, for choosing burgesses to parliament, are within the true intent and meaning of the said act, to be considered as electors of the member to serve in parliament, and shall be so deemed and adjudged to all intents and purposes whatsoever, and shall be liable to all the provisions, forfeitures, and incapacities, to which persons voting or claiming to vote for any member to serve in parliament are made liable by the said act. 34. And be it further enacted, by the authority aforesaid, that at every election of commissioners for choosing burgesses for the several districts of boroughs in that part of Great Britain called Scotland, and at the election of a burgess to serve in parliament for the city of Edinburgh, every magistrate, town counsellor, or person having or claiming to have a right to vote at such election, instead of the oath prescribed to be taken by the said act, before he is admitted to vote at the same election, shall take |