Page:Ruffhead - The Statutes at Large - vol 6.djvu/552

 486 C. 1 1. Anno decimo fexto Georgii II. A.D. I 743- Penalty on fepa- l-Jting fir m the Freeholders. Penalty on act- ing as Clerk, without any Au- thority. Minutes of Elec- tion of Clerk to be figned, a nd de- livered to the Cieik civ fen. Penalty on re- futing to fi^n, or on figning tolfe Minutes. Clerk to make a true Return. Penalty on refu- sing, or making -a taile one. The Return to ire annexed to the Writ. Penalty. When the Mi- chaelmas Head Court /hall be held. To be inti- mated in Pariih Churches eight Days before. TTGige of the Shire cf Suther- land. ijuajriii cation o: Car,<Udatcs and Eleftius. or Clerk, other than thofe who (hall be chofen by the Majority of the Freeholders prefent, {landing on the faid Roll, and that it fhall not be lawful for any Perfon to a<£t as Prefes or Clerk at any fuch Election, unlefs they are chofen by the Majority of Perfons {landing on the faid Roll ; and every Freeholder who fhall fo feparate from the Majority of the Freeholders on the Roll, and fet up any Perfon as Prefes or Clerk, other than thofe who fhall be chofen by the Majority as aforefaid, he fhall for every fuch Offence forfeit the Sum of fifty Pounds Sterling, to the Candidate who {hall be chofen by the Majority of the Freeholders from whom fuch Separation was made ; to be recovered by him, or his Executors, in the Manner herein after directed : And if any Perfon prefume to act as Prefes or Clerk, who is not chofen by the Majority of the Freeholders prefent {landing on the faid Roll, he {hall, for every fuch Of- fence, forfeit the Sum of two hundred Pounds Sterling to the Candidate who fhall be chofen by the Majority of the Freeholders as aforefaid, to be recovered by him, or his Executors, as herein after directed. XV. And be it further ena£led by the Authority aforefaid, That the Commiffioner laft elected, or in his Abfence the Sheriff or Steward's Clerk, fhall fign the Minutes of the Election of Prefes and Clerk, and deliver the fame to the Clerk chofen by the Majority of the Freeholders as aforefaid ; and if the Com- miffioner laft elected, or in his Abfence the Sheriff or Steward's Clerk, fhall neglect or refufe to fign the aforefaid Minutes of Election of Prefes and Clerk, and deliver the fame to the Clerk chofen, as afore- faid, or fhall fign falfe Minutes thereof, he fhall, for every fuch Offence, forfeit the Sum of one hundred Pounds Sterling to the Perfon elected Prefes, as aforefaid, to be recovered by him, or his Executors, in the Manner hereafter directed. XVI'. And be it further enacted by the Authority aforefaid, That the Clerk chofen by the Majority of the Freeholders on the aforefaid Roll, fhall return to- the Sheriff or Steward fuch Perfon as fhall be elected by the Majority of the Freeholders on the Roll made up at the Meeting for Election, in the Manner aforefaid ; and if the Clerk chofen as aforefaid, fhall refufe or neglect to return the Perfon elected by the Majority of the Freeholders on the Roll, made up at the Meeting for Election, or fhall return any Perfon other than him who fhall be elected by the Majority of the Freeholders as aforefaid, he {hall, for every fuch Offence, inftead of the Penalty or Forfeiture to which he is made liable by the aforefaid Act made in the feventh Year of his prefent Majefty, forfeit the Sum of five hundred Pounds Sterling to the Candidate chofen by the Majority of the Freeholders on the aforefaid Roll ; to be recovered by him, or his Executors, in the Manner herein after directed. XVII. And be it further enacted by the Authority aforefaid, That every Sheriff or Steward of any Shire or Stewartry, within that Part of Great Britain called Scotland, upon producing to him a Copy of the aforefaid Roll laft made up by the Freeholders at the laft Michaelmas Meeting, or at the laft Election of a Member to ferve in Parliament, extracted and figned by the Sheriff or Steward's Clerk, and upon producing and fhewing to him the Original Minutes of the Election of Prefes and Clerk figned by the Commiffioner laft elected, or in his Abfence, by the Sheriff or Steward's Clerk, fhall annex to the Writ the Return made by the Clerk chofen- by the Majority of the Freeholders on the aforefaid Roll ; and if any fuch Sheriff or Steward fhall neglect or refufe to annex to the- Writ fuch Return, or if he fhall annex to the Writ the Return made by any other Perfon pretending to be Clerk to the Election ; he fhall for every fuch Offence, inftead of the Penalty or Forfeiture to which he is made liable by the- aforefaid Act made in the feventh Year of his prefent Majefty, forfeit the Sum of five hundred Pounds Sterling, to the Perfon returned by the Clerk, and chofen by the Majority of the Freeholders on the aforefaid Roll, to be recovered by him or his Executors, in the Manner hereafter directed. XVIII. And be it further enacled by the Authority aforefaid, That every Sheriff or Steward of any Shire or Stewartry, within that Part of Great Britain called Scotland, fhall hold the Michaelmas Head Court in all Time to come, on the Day on which it fhall appear to him to have been moft ufually held in Times pad ; and to prevent all Uncertainty in Time coming, every Sheriff or Steward fhall, at lead fourteen Days before Michaelmas next, appoint a precife Day for holding his Michaelmas Head Court, in the Year one thoufand feven" hundred and forty-three; and fhall caufe intimate the Day of holding his Court at all the Parifh Churches within his faid Shire or Stewartry upon a Sunday, at leaft eight Days preceding the next Michaelmas Head Court : And it is hereby declared, That the Days fo to be appointed by the faid Sheriff or Steward before Michaelmas next, fhall be the Anniverfary for holding the Michaelmas Head Court of the faid Shire or Stewartry in all Time coming. ' XIX. And whereas by the Conllitution of the Shire of Sutherland, and by conftant Ufage, the fmall ' Barons of the faid Shire have been reprefented in Parliament, not only by the immediate VaiTals of the ' King and Prince, but alio by thofe who held their Lands of the Earls of Sutherland, or of other Sub- ' ject Superiors, and fuch Vafials holding their Lands of Subjedt Superiors, have been in ufe to vote at ' and P:ince, and that without any Reilriction as to the £)iwta of the old Extent^ or of the valued Rent ' of the Lands, in refpect whereof a Right to vote at fuch Elections, or to be elected Commiffioner for ' the faid Shire was claimed, and thereby votes have been unduly multiplied, and feveral Perfons have ' claimed a Vote in refpeit of the Superiority and Property of the fame Lands, whereby great Confufions ' are likely to enfue in future Elections ;' For" Remedy thereof, Be it further enacted by the Authority aforefaid, That from and after the fi ill Day of September which fhall be in the Year of our Lord one thoufand feven hundred and forty-five, no Perfon (hall be capable, to be elected Commiffioner for the_ faid Shire,, for (hall have Right to vote at fuch Election, un'efs he beinfeoft, .and in Poffeffion. of Lands liabl< to Re Mikity's Supplies, and other publick Burthens, at the Rate of two hundred Pounds Sects valued XX. And
 * the Election of the Comir.ifficners for'the faid Shire of Sutherland, as well as the VaiTals of the King