Page:Ruffhead - The Statutes at Large - vol 6.djvu/553

 A.D. 1743. Anno decfmo fexto Georgii II. C. ir. 487 XX. And be it further enacted by the Authority aforefaid, That one Pcrfon, and no more, Shall be intitlcd to vote at fuch Elections, or to be el cited, in refpect of the fame Land:,; and that where Lands CtalUtttt and are now holden by any Baron or other Freeholder, immediately of the Kin;; or Prince, fuch Baron 01 Freeholder fhall be capable to be elected, and (hall be intitlcd to vote for thofe Lands ; and no Vafl'al or ' h fJi»,*i Sub-vaSTal of the faid Biron or Freeholder Shall have Right to vote or be elected in refpect thereof; and rtwltfnj I', "' that where Lands are now holden or fhall at any Time hereafter be holden of the King or Prince, by a Prime Peer or other Perfon, or Body Politick or Corporate, who by Law arc difabled to be a Member of Che In *•>« OrtW Houfe of Commons, or to vote in fuch Elections; in fuch Cafe the Proprietor and Qttner of fuch Land*, ''' and not any of his Superiors, (hall be intitled to vote or to be elected, in refpect of the fame Land, tad o:;) ,u that no Alienation of the Superiority to be made by fuch Peer or other Perfon, or Body Politick, incapa- ble to elect or to be elected, fhall deprive the Proprietor and Owner of the Lands of his Right to vote in the Elections for the faid Shire, or his Capacity to be elected ; nor intitle the Purchafer of the faid Supe- riority to vote or to be elected ; and that the Property of Lands of the Valuation aforefaid, holden in Part L»nd« heUftrt immediately of the King or Prince, and in Part of a Peer or other Perfon, or Body Politick, incapable to ,' "' K ", ; elect or to be elected, fhall be a fufficient Qualification to the Proprietor and Owner of fuch Lauds, and g^"S>M c (hall entitle fuch Proprietor to vote, and to be elected for the faid Shire ; any Law or Ufage to the eon- theOwncr u trary notwithstanding. lea or be elated. XXL And be it enacted by the Authority aforefaid, That the Freeholders and Proprietors, having when Ficehoi- Right to elect or to be elected a Commiffioner for the Shire of Sutherland, fhall meet at the Head Borough dlr! inSuther- of the faid Shire, at the Michaelmas Head Court, which fhall be in the Year of our Lord one thoufand 1, " ld "'j 1 '! "Jf 8 ', Seven hundred and forty-five, and fhall make up a Roll of the Electors having Right to vote in the Choice an ma " :a ' u of a Commiffioner, in the Terms of this prefent Act, and of the other Acts of Parliament made touch- ing the Elction of Commiffioners for the Shires in Scotland; and which Roll fo made up, fhall be reviled yearly at the Michaelmas Meetings, at and after Elections, according to the Rules prefcribed in this Act, and in other Acts made for regulating the Elections of Commiffioners for Shires in that Part of Great Britain called Scotland: And it is hereby declared, That the faid Acts of Parliament do extend to the Shire of Sutherland as well as to the other Shires in Scotland, except in fo far as it is otherwife provided by this prefent Act. ' XXII. And whereas at the Election of Members to ferve in Parliament for the Diftricts of Boroughs ' in that Part of Great Britain called Scotland, it often happens that more Perfons than one claim to be ' admitted to vote as Commiffioners for the fame Borough, which furnifhes Pretences to the Clerks of the 4 prefiding Boroughs for partially making falfe and undue Returns ;' For Remedy thereof, be it enacted by the Authority aforefaid, That at the annual Election of Magistrates and Counfellors, and in all the At annua! tkc- Proceedings previous to the Election of the Magistrates and Counfellors for the fucceeding Year, it fhall tl. ons thc Min °- not be lawful for the Minority of any Meeting for Election, either of Magiftrates or Counfellors, or Dea- JSatefiwnj^" cons, or other Perfons who by the Conftitution of the refpective Boroughs may have Votes in the Elec- Majority. tion of Magiftrates or Counfellors, to feparate from the Majority of thofe having Right to act by the Con- ftitution of the Burgh at fuch Meetings, upon any Pretext whatfoever ; nor to make any feparate Elec- tion of Magistrates, Counfellors or Electors ; but the Minority fhall in all Cafes fubmit to the Election made by the Majority in all the Parts of Election ; and if any Perfon elected by the Minority of any fuch Penalty on Of- Meeting, Shall prefume to vote in the Election of Magistrates or Counfellors, or in leeting the Magiitrates fenders. ©r Counfellors, or in any other Step of the Election, he Shall forfeit the Sum of one hundred Pounds Sterling to any one of the Majority of fuch Meeting, to be recovered by him in the Manner hereafter directed. XXIII. And be it further enacted by the Authority aforefaid, That no Perfon elected to be a Magi- No Perfon elec- ftrate or Counfellor by a Minority of thofe having Right to vote in Elections of the Magiftrates and ted by the Mi- Counfeliors, fhall upon any Pretext whatfoever prefume to act as Magistrate or Counfellor ; and if any noiiiy, ihuiihace Perfon fhall notwithstanding prefume to act as Magistrate or Counfellor, he fhall for every fuch Offence i ff tt0 ^?: forfeit the Sum of one hundred Pounds Sterling, to the Magistrates or Counfellors elected by the Majo- w henioc£ufea" E rity, or to any of them who fhall fue for the fame, to be recovered by him or them in the Manner herein after directed. XXIV. Provided always, and it is hereby declared and enacted, That it Shall and may be lawful to and Wrongs done by for any Constituent Member at any Meeting for Election of Magiftrates or Counfellors, or of any Meet- the Majority,^ ing previous to that for the Election of Magiftrates and Counfellors refpectively, who fhall apprehend any ^theVourt ot Wrong to have been done by the Majority of fuch Meeting, to apply to the faid Court of Seffion, by a seffion. fumrnary Complaint for rectifying fuch Abufe, or for making void the whole Election made'by the faid Majority, or for declaring and afcertaining the Election made by the Minority, fo as fuch Complaint be preiented to the faid Court of Seffion within the two Kalendar Months after the annual Election of the Magiftrates and Counfellors ; and the faid Court fhall thereupon grant a Warrant for Summoning the Ma- gistrates and Counfellors elected by the Majority, upon thirty Days Notice, and fhall hear and determine the faid Complaint fummarily, without abiding the Caurfe of any Roll, and Shall allow to the Party who Shall prevail" their full Cofts of Suit. ' XXV. And whereas the Magiftrates and Counfellors of the Royal Boroughs in that Part of Great ' Account of their Election into their refpective Offices ; and that in his Majefty's Courts of Seffion, Ju- 1 ' within
 * Britain called Scotland, by virtue of feveral Laws now in Force, are bound to take and fubferibe the-
 * Oath of Allegiance, fubferibe the AfTurance, and to take and fign the Oath of Abjuration, for and on
 * fticiary or Exchequer at Edinburgh, or at the Quarter-Seffions of the refpective Shires and Stewartries,