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council of the borough together, by giving notice personally, or leaving notice at the dwelling place of every counsellor then resiant in that borough, which council shall then appoint a peremptory day for the election of a commissioner for choosing a burgess to serve in parlia

ment.

42. Provided always, that two free days shall intervene betwixt the meeting of the council which appoints the day of election of the said commissioner, and the day on which the election of the commissioner is to be made; and in case such chief magistrate shall neglect to endorse the day he received the precept on the back thereof, or to summon the council within the time and in the manner above directed, he shall, for every such offence, forfeit the sum of one hundred pounds sterling, to any magistrate or counsellor of the said borough who shall sue for the same, to be recovered in manner hereinafter directed.

43. And be it further enacted, by the authority aforesaid, that every penalty or forfeiture by this act imposed, in that part of Great Britain Manner of re- called Scotland, shall and may be sued for and recovered by way of summary complaint, before the court of session, upon thirty days notice to the person complained of, without abiding the course of any roll; which said complaint the court of session is hereby authorized and required to determine; as also to declare the disabilities and incapacities, and to direct the imprisonments, as herein provided.

Limitation of 44. Provided always, and it is hereby declared and enacted by the authority aforesaid,

actions.

that no person shall be made liable to any in-
capacity, disability, forfeiture, or penalty by
this act imposed, in that part of Great Britain
called Scotland, unless prosecution be com-
menced within one year after such incapacity,
disability, forfeiture, or penalty shall be in-
curred.
A. D. 1743.

16 Geo. 2.

c. 11.

The Stat. Anno 14° Georgii III. Cap. 81.

An Act for altering and amending an Act, made in the 16th Year of His late Majesty's Reign, intituled, An Act to explain and amend the Laws touching the Election of Members to serve for 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, by altering the Time of Notice, ordered by the said Act to be given, in the Service of Complaints to the Court of Session, of Wrongs done in Elections, and by regulating the Manner, and settling the Place, of Election of a Burgess to serve in Parliament for a District of Boroughs in Scotland, when the Election of the Magistrates and Council of a Borough, which ought in Course to be the presiding Borough at an Election, happens to be reduced, and made void, by a Decree of the Court of Session, and not revived by the Crown, when such Election is made.

"WHEREAS by an act, made in the 16th year Act 16 Geo. 2. "of his late majesty's reign, (intituled, An (c. 11.)

14 Geo. S.

c. 81.

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"act to explain and amend the laws touching "the elections of members to serve for the "commons in parliament, for that part of Great Britain called Scotland, and to re"strain the partiality, and regulate the conduct, of returning officers, at such elections') complaints to the court of session, for "redress of wrongs committed by the inrolling, "or refusing to inrol persons claiming to be (16 Geo. 2. c. inrolled in the roll of freeholders, or in the 11, § 4.) "annual elections of royal boroughs, are or"dered to be served upon thirty days notice; "and whereas it is found by experience, so long "notice is unnecessary, and occasions delay in "the summary determination of such com

plaints, agreeable to the intendment of the "said act:" may it therefore please your majesty that it may be enacted, and 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 sion, on fifteen the same, that from and after the 12th day of June, in the year of our Lord 1774, the court service of com- of session shall grant warrants for the service of plaints for re- all such complaints as aforesaid, upon fifteen committed by days notice.

Court of ses

days notice,

shall grant

warrants for

dress of wrongs

inrolling at elections.

2." And whereas the elections of magistrates "and counsellors of royal boroughs in Scotland "have sometimes been reduced and made void,

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by decrees of the court of session, in actions "or complaints brought before the said court "for that purpose, by which the corporate powers of such boroughs are in effect in a "state of non-existence, until restored by the 'justice and favour of the crown; and whereas "no provision is made in the aforesaid act of

66

66

c. 81.

Upon election

of a burgess to serve in

par

liament for a district of bo

roughs, where

"the 16th year of the reign of his late majesty, 14 Geo. 3. "or any other act now in being, for regulating “the manner, and settling the place of election "of a burgess to serve in parliament for a dis"trict of boroughs in Scotland, when the elec"tion of magistrates and council of a borough, "which ought in course to have been the presiding borough at the election, happens to be "reduced, and not revived when the election is "made." For remedying thereof, be it enacted by the authority aforesaid, that in every election of a burgess to serve in parliament for a district of boroughs in Scotland, when it shall happen that the election of the magistrates and council of the borough, which ought to of the borough have been the presiding borough at such election, is reduced and not revived, the next the presiding borough intitled to preside in turn shall be the presiding borough, and the election shall be made at that borough; and the commissioner for that borough shall be the president of the presiding bomeeting of commissioners for the election, and and the comhave a casting and decisive vote, besides his missioner for own, as commissioner, where the votes of the commissioners are equal; and the common clerk of that borough shall be clerk to the election; and every matter and thing concerning the election shall be proceeded in as if that borough had been the presiding borough, in the ordinary course of rotation.

which ought

to have been

duced;

borough is reBorough next in turn to pre

side to be the

rough,

that borough

to be president of the meeting, and to have a casting vote on equalclerk of that borough to be

ity of votes

the clerk, &c.

borough of the

3. And be it further enacted, by the authority aforesaid, that the borough which would have been the presiding borough at the election, if The presiding the election of the magistrates and counsellors district how to of such borough had not been reduced, shall, be ascertained. when revived by the justice and favour of the crown, have no right or title to be a presiding

c. 81.

14 Geo. 3. borough in the election of a burgess to serve in parliament for the district of boroughs of which it is one, until the other boroughs of the district, each in their turn, have successively pro vided, and that the right devolves upon such borough in the ordinary course of rotation*. A. D. 1774.

Preamble.

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The Stat. 35 Geo. 3. c. 65.

An Act to prevent unnecessary Delay in the
Execution of Writs, for the Election of
Members to serve in Parliament for that
Part of Great Britain called Scotland.

(19th May, 1795.)

"WHEREAS the execution of writs of election "of members to serve for the commons in parliament for that part of Great Britain called "Scotland, has often been improperly delayed;" for remedy whereof, may it please your majesty that it may be enacted, and 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 parlia

The statute 22 Geo. 3. c. 41. for disabling certain revenue officers from voting at elections, extends to elections for members and delegates in Scotland, and by the stat. 37 Geo. 3. c. 138. § 1. (for which see post clxxxviii) it is also extended to elections of preses or clerks to freeholders in Scotland. The stat.

22 Geo. 3. c. 45. restraining persons concerned in contracts, &c. for the public service, from sitting or voting as members of parliament, also extends to Scotland. The stats. 22 Geo. 3. c. 41 and 45, are not inserted here as they also fall under another part of this work.

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