ment assembled, and by the authority of the same, that the sheriff or stewart depute, or substitute of any county or stewartry in that part of Great Britain called Scotland, shall, within six free days after receiving the writ or writs for the election of members to serve in parliament, direct the notices required by law to be given as to the time and place of election of a member for such county or stewartry; and that the day of election appointed by the sheriff shall not be sooner than six free days, nor later than fifteen days after the day of publication at the church doors. 35 Gep, 3. c. 65. Sheriffs deputes or subto direct, within six days after receiving the writs, the notices requir for elections of members, &c. stitutes, &c. ed to be given &c. or in their II. "And whereas doubts have been enter- None but she"tained by whom the writs for election of riffs deputes, "members to serve for the commons in parlia- absence their "ment for that part of Great Britain called substitutes, to "Scotland, should be received and executed receive and "when there happens to be a principal or high for elections. "sheriff or stewart appointed by his majesty in any county or stewartry, as well as a sheriff "depute, or stewart depute, whose commission is also derived from the crown, and is ad "vitam aut culpam, in respect that, by an act, 66 execute writs passed in the 20th year of his late majesty, 20 Geo. 2. c. "for taking away and abolishing the heritable 43 jurisdictions, these offices, and the powers and "authorities belonging to them, were essentially changed;" for remedy thereof, and to remove such doubts, be it enacted, that, upon issuing of any writ or writs for the election of a member or members to serve in parliament for that part of Great Britain called Scotland, the said writ or writs shall be forthwith forwarded and delivered to the sheriff depute, or stewart depute, or to the substitute of each, and the principal or high sheriff, or stewart, shall not offi Penalty of sheriffs, &c. in the execu tion of writs. ciate either in receiving or in executing the writ, the whole of this duty being entrusted to the sheriff depute, or stewart depute, or, in case of absence, to the substitute of each, and to no other person whatsoever. III. And be it enacted, by the authority aforesaid, that if any sheriff, or stewart depute, or substitute, shall wilfully refuse, neglect, or delay, to do or perform what is hereby required of him in any of the particulars aforesaid, he shall, for every offence, forfeit and pay the suni of five hundred pounds sterling, one half to the person who shall sue for the same, and the other half to his majesty, to be sued for and recovered in the manner directed by an act of the 16th year of the reign of his late majesty king George the second, intituled, "An act to explain and amend the laws touching the election of members to serce 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." IV. And be it enacted, by the authority 10007. on high aforesaid, that if any principal, or high sheriff for interfering or stewart, or any person, other than the sheriff or stewart depute, or the substitute of each, shall presume in any respect to interfere or take upon himself the execution of writs of election of members to serve in parliament for that part of Great Britain called Scotland, every such person so offending in any particular, shall, for every offence, forfeit and pay the sum of one thousand pounds sterling, one half to the person who shall sue for the same, and the other half to his majesty, his heirs and successors, to c. 65. be sued for and recovered in the manner directed 35 Geo. 3. by an act of the sixteenth year of the reign of his late majesty king George the second, 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;" and fur- together with ther, the person convicted on any suit shall disability from thereby become disabled and incapable of ever bearing or executing any office or place of trust whatsoever under his majesty, his heirs and successors. office, &c. V. Provided always, and be it further enacted, Limitation of by the authority aforesaid, that every action or actions. suit for any offence against this act, shall be commenced within twelve months after commission of the fact on which the same is grounded, or within twelve months after the conclusion of any proceedings in the house of commons relating to such election. election of Zetland where VI." And whereas the several parish churches Writs for the "in the stewartry of Orkney and Zetland are members for "situated upon islands, detached and difficult Orkney and "of access;" be it therefore enacted, that the to be pubwrit for the election of a member to serve in lished. parliament for the said stewartry shall be published at the town of Kirkwall, and the twelve parish churches in the island of Pomona, or the main land of Orkney only. Preamble. 86 The Stat. 37 Geo. 3. c. 138. (20th July, 1797.) An Act to amend an Act, made in the Twentysecond Year of the Reign of His present Majesty, intituled, "An Act for better securing the Freedom of Elections of "Members to serve in Parliament, by disabling certain Officers, employed in the "Collection or Management of His Majesty's Revenues, from giving their Votes "at such Elections," by extending the Provisions thereof to Persons voting in any Meeting of Freeholders for Preses or Clerk, or on any Question relative to the Adjustment of the Roll of Freeholders, in that Part of Great Britain called Scotland; and for empowering Freeholders to administer the Oath of Trust and Possession to Persons offering to vote for Preses and Clerk. "WHEREAS an act was made in the twenty"second year of the reign of his present majesty, intituled, An act for better securing "the freedom of elections of members to serve "in parliament, by disabling certain officers, employed in the collection or management of "his majesty's revenues, from giving their "votes at such elections: and whereas great "inconveniences have arisen, in that part of "Great Britain called Scotland, at the meet"ings for elections of members to serve in par"liament, by the persons who are declared by "the said act incapable of voting at such elec c. 138. recited act as "tions giving their votes for the choice of 37 Geo. 3. preses or clerk to the freeholders, and on ques"tions relative to, the adjustment of the roll, "not only at such elections, but at other meetings of freeholders, whereby the votes of "such persons so incapacitated, although not actually given for any member to serve in parliament, yet may often be decisive of such "election;" be it therefore 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, from and after the passing of this act, no person or persons described in the said No person derecited act, and thereby rendered incapable of scribed in the voting in the election of members to serve in incapable of parliament, shall be capable of voting at any voting for a election for the choice of a preses or clerk to parliament, to the freeholders of any county in that part of Great Britain called Scotland, or on any questions relative to the adjustment of the roll of freeholders of any such county, not only at such elections, but at all other meetings of the freeholders of any such county; and if any person, hereby made incapable of voting, shall nevertheless presume to give his vote during the time he shall hold, or within twelve calendar months after he shall cease to hold or execute, any of the offices mentioned in the said act, contrary to the true intent and meaning of this act, such votes so given shall be held null and void to all intents and purposes whatsoever; and every person so offending shall forfeit the Penalty for sum of one hundred pounds, one moiety thereof voting, 1001. to the informer, and the other moiety thereof to be immediately paid into the hands of the clerk of the justices of the peace of the coun vote for a to the freeholders in prèses or clerk Scotland, &c. |