Page:Ruffhead - The Statutes at Large - vol 6.djvu/227

 A. D. 1734. Anno feptimo Georgii II. C. 17. 165 VI And to prevent double Elections of Magiftrates in Boroughs, which frequently occafion double >°o I. Penalty on Commiffions to Delegates, Be it enacted by the Authority aforefaid, That at the annual Election of Ma- orKiagmrate fe- giftrates and Counfellors for Boroughs, no Magiftrate or Counfellor, or any Number of Magiftrates or parating from Counfellors, fhall for the future, upon any Pretence whatfoever, take upon him or them to feparate from '£ e Ma J. r jt y, at the Majority of the Magiftrates and Counfellors who have been fuch for the Year preceding, and to ap- ttonfS'io!. point or elect feparate Magiftrates or Counfellors, but fhall fubmit to the Election made, and to the Ma- roughs, giftrates and Counfellors ele£ted and appointed by the Majority of the Town Council affembled ; and if, contrary to the Direction of this Act, any Number of Magiftrates or Counfellors lhall, in Opposition to the Majority, take upon them to make a diftinct and feparate Election of Magiftrates or Counfellors, their Act and Election lhall be it fo facto void, and every Magiftrate or Counfellor who concurred therein, lhall forfeit and lofe the Sum of one hundred Pounds Sterling, to be recovered by the Magiftrates and Coun- fellors from whom they feparated, in Manner herein after directed. VII. Provided always, and it is hereby declared and enacted, That it fhall and may be lawful to and ^ u 6 n f e '|"*' "/ for any Magiftrate or Counfellor of the Borough who apprehends any Wrong was done at any annual Boroughs r rnay Election, to bring his Action before the Court of Sellion in Scotland, for rectifying fuch Abufe, or for bring their Ac- making void the whole Election (if illegal) only within the Space of eight Weeks after fuch Election is weetoafterriie over ; and the Lords of Seffion lhall, and they are hereby exprelly authorized and required to hear and Eleflion. determine the Caufe fummarily, and to allow to the Party that (hall prevail their Full Cofts of Suit. VIII. And be it further enacted, That every Sheriff or Stewart in Scotland, who fhall wilfully annex to sool.Penairyon the Writ any falfe or undue Return, and every common Clerk of any prefiding Borough, who fhall wil- "^^'"perron fuily return to the Sheriff or Stewart any Perfon other than the Perfon elected, or who lhall neglect or re- duly eiefled. fufe to return the Perfon duly elected, lhall forfeit the' Sum of fivehundred Pounds Sterling to the Perfon intitled to have been returned, and not returned, to be recovered from the faid Sheriff, Stewart or com- Toberecovered mon Clerk, their Heirs, Executors or Adminiftrators reflectively, in a fummary Way, by Action, Peti '" a fummar y Way. tion or fummary Complaint, before the faid Court of Seffion, upon Service of fuch Summons, or of a Copy of fuch Petition or fummary Complaint, on fifteen Days Notice or Warning, without abiding the Courfe of any Rolls, or further Delay whatfoever ; which Action, Petition or Complaint, the Judges Complaints -of. of the faid Court are hereby required to judge of and determine with all convenient Speed : Provided ""be^ommen* always, That fuch Action, Petition or Complaint be commenced, prefented or made within the Space C ed in^M^nths of fix Months after the Return is made. And in cafe the Perfon duly elected, and not returned, lhall after Return. neglect or omit to fue for the faid Penalty within the Time before mentioned, then any Freeholder with- who may fue in the Shire or Stewartry, or any Magiftrate or Perfon bearing Office in any of the Boroughs of the for fuch Penalty, Diftrict for which the Return is unduly made, may fue for and recover the fame to his own Ufe, by fuch Action, Petition or Complaint, and in fuch Manner as is before mentioned, with, double Cofts and in what of Suit ; provided always. That fuch Freeholder, Magiftrate or Perfon bearing Office, fhall commence Tlme< or bring fuch Action within the Space of twelve Months after the Return is made. IX. And be it enacted by the Authority aforefaid, That every Penalty by this Act impofed, with Penalties how refpect to the Recovery of which no particular Provifion is herein before made, fhall and may be tp berecovere ' fued for and recovered by way of fummary Complaint before the Court of Seffion in Scot/and, upon fif- teen Days Notice to the Perfon complained of, without abiding the Courfe of any Roll ; which faid Complaint the Court of Seffion is hereby authorized and required to determine with all convenient ' Speed. X. And be it .further enacted, That every Freeholder in Scotland fhall, before he be either inrolled or Freeholders, if admitted to vote at any future Election, or Meeting for Inrolment, in any Queftion for the Choice of the Oaths'at' th* Clerk or Prcefes, or other Queftion whatfoever (if required by any Freeholder prefent) be obliged to take Eleaion of a and fubferibe the Oaths appointed by Law to be taken by Elector of Members to ferve in Parliament, Clerk, &c when required fo to do ; which Oath the Prafes or Clerk of the Meeting is hereby impowered and required to adminifter. ' XI. And whereas there have been fome Miftakes in the Diftrict of the Boroughs of Wigtown, Whit— 1 horn, New Galloway, and S'.ranravcr, in relation to their prefiding at Elections of Members of Par- ' liaroeni for that Diftrict, which may occafion Difputes at future Elections ; ' For remedying thereof, be it enacted, That the Boroughs continue to prefide in the Courfe they are now in, and that the Method of pre* Borough of Wigt.nn lhall prefide at the Election of a Member to reprefent that Diftrict in the next Par- ? din s a«' Elei - liament, and that the other Boroughs of the Diftrict prefide afterwards in the Method prefcribed by the ons " Act of Parliament of Scot/and, made in the fourth Seffion of the firft Parliament of Queen Anne, inti- tuled, An Acl for fettling the M inner of de cling thefixteen Peers and forty-five Commoners to reprefent Scotland. in the Parliament of Great Britain. CAP. XVII. An Acl: to explain an A<5t paffed in the laft Seffion of Parliament, intituled, An ASl for the. 1 converting a further Part of the Capital Stock of the South-Sea Company into Annuities redeemable by Parliament, and for fettling the remaining Part of the faid Stock in the faid Company, fo far as the faid Acl; relates to the paying off the Bonds of the faid Company. HEREAS in and by an Ad paffed in the laft Seffion of Parliament, intituled, An Acl for the & Ceo -*- « *&>■ converting a further Part of the Capital Stock of the South- Sea Company into Annuities redeemable by Parliament, and for fettling the remaining Part of the faid Stock in the faid Company, it is amongft other ' Things enacted, That the Court of Directors of the faid Company fliall caufe the Numbers, Dates and. ' Sums-