Page:Ruffhead - The Statutes at Large - vol 6.djvu/549

 A.D.I743* Anno decimo fexto Georgii II. C. io,ii. 483 CAP. X. An Aft for repairing' the Roads leading from Marlborough through Weft-Kennet to Shepherds Shard ; and from the Hare and Hounds in Beckbampton, to the Top of Cberill Hill; and from the Town of Avebury to the Crofs-way at Bcckhampton, in the County of Wilts. P R. Certain Tolls granted for zi Years. CAP. XI. An Act to explain and amend the Laws touching the Elections of Members to ferve for the Commons in Parliament, for that Part of Great Britain called Scotland; and to reftrain the Partiality, and regulate the Conduct of Returning Officers at fuch Elections. « *tT THEREAS many Returning Officers of Members to ferve for the Commons in Parliament for ' VV tnat P' lrt °f Great Britain called Scotland, have of late prefumed to act in a molt partial and ar- ' bitrary Manner, fometimes upon falfe Pretences, that the Rolls of Electors of Cornmiffioners for Shires ' were not regularly made up, or that the Cornmiffioners for the feveral Boroughs intitled to vote in the ' Choice of a Member for the refpeftive Diftrifts of Boroughs were not duly elefted, or were not autho- 1 Hopes of Impunity, by reafon that the Laws in being have either provided no fufficient Punifhment for ' cult, and fcarcely poffible to recover them ;' For Remedy thereof, Be it enafted by the King's moft Ex- cellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Com- mons, in this prefent Parliament aflembled, and by the Authority of the fame, That fo much of an Aft p "t of the Aft of Parliament made in the twelfth Year of the Reign of her late Majefty Queen Anne, intituled, An Ac! I2 6 An r n ' ft ' '" fir the better regulating the Elections of Members to ferve in Parliament for that Part of Great Britain called p' ea i e< j, 3 " .-* Scotland, as enafts, That no Perfon or Perfons who have not been inrolled, and voted at former Elec- tions, fhall upon any Pretence whatfoever, be inrolled, or admitted to vote at any Election, except he or they firft produce a fufficient Right or Title to qualify him or them to vote at that Eleftion, to the Sa- tisfaction of the Freeholders formerly inrolled, or the Majority of them prefent, and ordains the Return- ing Officers to make their Returns of the Perfons elected, by the Majority of the Freeholders inrolled, and thole admitted by them, referving always the Liberty of objecting againft the Perfons admitted to, or excluded from the Roll as formerly, fhall be and is hereby repealed. ' II. And whereas the Rolls of Electors of Commiffioners to ferve in Parliament for the feveral Shires ' and Stewartries within that Part of Great Britain called Scotland, have not in every one of the faid Shires ' and Stewartries, been made up every Year, at the Michaelmas Head Courts, purfuant to the Directions '. of an Aft of Parliament made in that Part of Great Britain called Scotland, in the Year one thoufand fix medy thereof, and the more effeftually to carry the good Intentions of the faid Aft into Execution ; Be Aft made in itenafted and declared by the Authority aforefaid, That fuch Perfons as ftand upon the Roll laft made Scotland 16S1, up by the Freeholders, whether at the Michaelmas Meeting, or at the laft Eleftion of a Member to (erve ftrehgthened. in Parliament, fhall be the original conftituent Members at their next Michaelmas Meeting, or Meeting for Eleftion, to revife the faid Roll. III. Provided always, and be it enacted by the Authority aforefaid, That it fhall and may be lawful Freeholders for any Freeholder ftanding upon the Roll, to objeft to the Title of any Perfon who flands at prefent may object. upon the Roll laft made up, and for that Purpofe to apply at any Time before the firft Day of December, which fhall be in the Year of our Lord one thoufand feven hundred and forty-three, by fummary Com- plaint to the Court of SefTion, who fhall grant a Warrant for fummoning fuch Perfons upon thirty Days Notice to anfwer, and fhall proceed in a fummary Way, to hear and determine upon fuch Complaint; and if no fuch Complaint fhall be exhibited within the Time aforefaid, then and in that Cafe no Free- holder, who at prefent ftands upon the Rolls laft made up in the faid Counties and Stewartries refpeftive- ly, fhall be ftruck off or left O'Jt of the Roll, except upon fufficient Objections arifing from the Alteration of that Right or Title, in refpeft of which he was inrolled, fuftained by the other Freeholders ftanding upon the faid 'Roll. IV. And be it enacted by the Authority aforefaid, That if at any Michaelmas Meeting, or Meeting Manner of 3;% for Eleftion, any Perfon claiming to be inrolled fhall by Judgment of the Freeholders be refufed to be ing, when a admitted, or if any Perfon who flood upon the Roll fhall by like Judgment be ftruck off, or left out of Pcr '°" cla j. m j the Roll ; it fhall and may be lawful for him or them who is fo refufed to be admitted, or whofe Name is ° e lnl ° e ' fo ftruck off or left out of the Roll, to apply (fo as fuch Application be made within four Kalendar Months after their being fo refufed, ftruck off or left out) by fummary Complaint to the Court of Seffion, who fhall grant a Warrant for fnmmoning the Perfon or Perfons upon whofe Objeftion or Ob- jections he was refufed to be. admitted, or was ftruck oft" or left-out as aforefaid, upon thirty Days Notice to anfwer, and fhall proceed to hear and determine in a fummary Way on fuch Complaint; and if any if an y Freeholder. Perfon fhall be inrolled, whofe Title fhall be thought liable to -Objeftion, it fhall and may be lawful, for objefts, Appeal any Freeholder ftanding upon the faid Roll (whether fuch Freeholder was prefent at the Meeting or not) may be made tu who apprehends that fuch Perfon had not a Right to be inrolled, to apply in like Manner by Complaint to the Court. of the Court of Seffion, fo as fuch Application be made within four Kalendar Months after fuch Inrolment ; e on " Q_q q 2 and
 * rized by proper Commiffions, and fometimes without any Pretence at all, encouraged thereto from
 * fuch Offences ; or where Penalties are provided, it has been found by Experience to be extremely diffi-
 * hundred and eighty-one, intituled, An AH concerning the EleSlion of CommiJJioners for Shires;' For Re-