Page:Ruffhead - The Statutes at Large - vol 6.djvu/550

 4S4 C. ir. Anno decimo fexto Georgii II. A. D. 1743. Penalty on Of- ficers not obey- ing the Court Sefiion, Penalty on Ap- pellant, if the Court of Seffion affirm the Free- holders Order. and the faid Court, after Service of fuch Complaint, on thirty Days Notice, upon the Perfon faid to be wrongfully admitted to the Roll, fhall in Manner aforefaid hear and determine; and if no fuch Complaint fhall be exhibited within the Time aforefaid, the Freeholder inrolled fhall ftand and continue upon the Roll until an Alteration of his Circumftances be allowed by the Freeholders at a fubfequent Michaelmas Meeting, or Meeting for Election, as a fufEcient Caufe for Unking or leaving him out of the Roll. V. And be it enacted by the Authority aforefaid, That if in any of the aforefaid Cafes the Judgment of the Court of Seffion fhall alter or reverfe the Determination of the Meeting of the Freeholders, by di- f reeling that any Perfon fhall be added to, or expunged from, the Roll of Election, the Sheriff or Steward's Clerk fhall, upon prefenting to him the Extract of fuch Judgment, forthwith make the Alteration there- by diretfted in the Books that are kept by him; and in cafe of his Refufal or Delay, he fhall for- feit the Sum of one hundred Pounds Sterling to the Perfon in whofe Favour the Judgment of the Court of Seffion is given, to be recovered by him or his Executors in the Manner herein after directed. VI. And be it further enacted by the Authority aforefaid, That if the Judgment of the Freeholders re- fufing to admit, or ftriking off any Perfon from the faid Roll fhall be affirmed by the Court of Seffion the Perfon fo complaining fhall forfeit to the Objector the Sum of thirty Pounds Sterling, with full Cofts of Suit. Manner of aft- VII. And be it enacted by the Authority aforefaid, That to prevent all Surprize at the Michaelmas ing to prevent Meetings, every Freeholder who intends to claim to be inrolled at any fubfequent Michaelmas Meeting of to be inrolled : or on making objections to others already inrolled. Surprize on Free- the Freeholders, fhall for the Space of two Kalendar Months at leaft before the faid Michaelmas Meeting r°"! r :i cI, a '* ,ns leave with the Sheriff or Steward's Clerk a Copy of his Claim, fetting forth the Names of his Lands, and his Titles thereto, and Dates thereof, with the old Extent or Valuation, upon which he defires to be in- rolled, and in cafe of his Neglect to leave his Claim as aforefaid, he fhall not be inrolled at fuch Michael- mas Meeting; and in like Manner, whoever intends to object to any Freeholder who ftands upon the Roll, on Account of the Alteration of his Circumftances, fhall, at leaft two Kalendar Months before the Michaelmas Meeting, leave his Objections in Writing with the Sheriff or Steward's Clerk as aforefaid, who is hereby required, upon Receipt of the aforefaid Claim or Objections, to indorfe on the Back thereof the Day. he received the fame, and alfo to give a Copy of the aforefaid Claim or Objections to any Perfon who fhall demand the fame, upon paying the legal Fee of an ordinary Extract of the fame Length. ' VIII. And whereas great Difficulties have occurred in making up the Rolls of Electors of Commif- ' fioners for Shires, by Perfons claiming to be inrolled, in refpect of the old Extent of their Lands, ' where the old Extent does not appear from proper Evidence, and Votes have been unduly multiplied ' by fplitting and dividing the old Extent of Lands, fince the fixteenth Day of September one thoufand ' fix hundred and eighty-one;' For Remedy thereof, be it enacted and and declared by the Authority aforefaid, That no Perfon is or fhall be intitled to vote for a Commiffioner to ferve in Parliament, for any Shire or Stewartry in that Part of Great 'Britain called Scotland, or to be inrolled in the Roll of Electors, in refpect of the old Extent of his Lands, holden of the King or Prince, unlefs fuch old Extent is proved by a Retour of the Lands of a Date prior to the fixteenth Day of September one thoufand fix hundred and eighty-one, and that no Divifion of the old Extent, made fince the aforefaid fixteenth Day of September one thoufand fix hundred and eighty-one, or to be made in Time coming, by Retour or any other Way, is or fhall be fuftained as fufficient Evidence of the old Extent. IX. Provided always, That Lands holden of the King or Prince, liable in publick Burdens for four hundred Pounds Scots of valued Rent, fhall in all Cafes be a fufficient Qualification, whatever be the old Extent of the faid Lands; any Law or Practice to the contrary notwithstanding. X. And be it further enacted by the Authority aforefaid, That no Purchafer or fingular SucceiTor fhall be inrolled till he be publickly infeoft, and his Seifin regiftered, or Charter of Confirmation be ex- pede where Confirmation is neceffary, one Year before the Inrollment; and that no Heir Apparent fhall be inrolled, until his Predeceffors Titles are produced, and allowed by the Freeholders, as a fufficient Qualification for his voting for a Member of Parliament; and that any Perfon may be inrolled, though p " ( °" sma y fend abfent at the Time of fuch Inrolment, provided the Titles and Vouchers of his Qualification are pro- and"be inrolled' <J uce d, and laid before the Freeholders; and if any Perfon fhall be chofen a Member to ferve in Parliament for any Shire or Stewartry within that Part of Great Brieain called Scotland, who fhall not be prefent at the Meeting of Election; Be it enacted by the Authority aforefaid, That the Member to (krve in Parlia- ment fo elected, before he takes his Seat in Parliament, fhall take the Oath appointed to be taken by every Freeholder, who fhall Claim to vote at any Election of a Member to ferve in Parliament, by the Act of the feventh Year of his prefent Majefty, intituled, An Ac! for the better regulating the Ekclion of Members to ferve in the Houfe of Commons, for that Part of Great Britain called Scotland; and for incapacita- ting the fudges of the Court of Seffion, Court offufticiary, and Barons of the Court of Exchequer in Scotland, to be clecled, or to fit or vote «£ Members of the Uoufe of Commons, before the Lord Steward of his Majefty's Divifion of the old Fx r ent of Land r, to mul- tiply Electors, prohibited. Provifo; How a Purchafer fhall act before he is inrolled; alfo an Heir apparent. and be inrolled tho' abfent. Every one chofen in his Abfence, fo ferve in Par- liament, fhall take the Free- holder's Oath, before he takes his Seat. Ceo. iS On refufing the Oath, the Election declared void. Houfhold, or any Perfon or Perfons authorized by him for that Effect, which he or they are hereby im- ■ powered and required to adminifter; and if a Member to ferve in Parliament, fo elected, fhall neglect or refufe to take the aforefaid Oath, fuch Election fhall be void XI. And