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Laws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters online

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Online LibraryGreat BritainLaws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters → online text (page 7 of 24)
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all the Peers of Scotland to afiemble at Edinburgh,
or fuch other Place in Scotland, and at fuch Time
as fhall be appointed in the Proclamation, to elect

* Every Proclamation for the Purpofe abovefaid fhall be
published at the Market-Crofs at Edinburgh, and in all the
County Towns of Scotland, twenty-five Days before the Time
appointed for the Meeting of the Peers, feci. 2. For Form fee
Append. N°. XX.

F 2 the



C 68 )
the fixteen Peers to fit and vote in the Houfe of
Peers in the Parliament of Great Britain. See
Art. 22. in Stat. 5 Ann c. B.fecl. 1."

By Seel. 7. "At fuch Meeting of the Peers they
fhall all give in the Names of the Perfons by them
nominated to fit and vote in the Houfe of Peers,
and the Lord Clerk Regifter, or two of the principal
Clerks of the Sefiion appointed by him to officiate
in his Name, (hall after the Election is made,
certify the Names of the fixteen Peers elected, and
fign the fame in the Prefence of the Peers, which
Certificate fhall by the Lord Clerk Regifter, or
two of the principal Clerks of the Sefiions, be re-
turned into Chancery before the Time appointed
for the Meeting of the Parliament."

By Sett. II. "In Cafe any of the fixteen Peers
fhall die, or become legally difabled to fit in the
Houfe of Peers, her Majefty fhall forthwith ifiue a
Proclamation for electing another Peer of Scotland,
to fit in the Houfe of Peers in the room of fuch
Peer deceafed or difabled."

II. COMMONERS.

This Subdivifion admits of the fame as thofe of
Peers did, viz.

1. The Qualifications of the Electors.

2. 'The Qualifications of the Elected.

3. 'The Manner of& Proceedings at the Election.

1. Qualifications of the Eleclcrs of the Commoners
far Scotland.

By Stat. 5 Ann c. 8. feci. 12. « None fhall be
capable to elect, but fuch as are twenty-one Years

of



( «9 )

of Agecompleat, and Proteftants, excluding all Pa-
pifts, or fuch who being fufpected of Popery, and
required, refufe to fwear and fubfcribe the For-
mula * contained in the third Act made in the
eighth and ninth Seffions of King William's Parlia-
ment, for preventing the Growth of Popery ; and
none fhall be capable to elect, except fuch as are
now capable by the Laws of this Kingdom, to elect
as Commiffioners for Shires or Burghs to the Par-
liament of Scotland"

By Stat. 12 Ann fiat. i. c. 6. feft. i. "No Con-
veyance or Right, whereupon Infeoffment is not
taken, and Seifin regiflrated, one Year before the
Tefie of the Writs for calling a new Parliament,
fhall, upon Objection made, intitle the Perfon
infefft to vote, and in cafe any Election happen
during the Continuance of a Parliament, no Con-
veyance or Right, whereupon Infeoffment is not
taken one Year before the Date of the Warrant for
making out a new Writ for fuch Election, fhall,
upon Objection made, intitle the Perfon infeofft
to vote, or be elected at that Election •, and
any of the Electors, fufpecting any Perfon to
have his Eftate in Truft, and for the Behoof of
another, may require the Prefes of the Meeting to
tender any J Oath to any Elector ; and in Cafe fuch
Elector refufe to fwear and fubfcribe the Oath, he
fhall not be capable of voting at fuch Election.'*

By Seel. 3. No Infeoffment taken upon any re-
deemable Right (except proper Wadfets, Adjudi-
cations, or Apprifings, allowed by the Act of
Parliament, relating to Elections in 1681,) mall



* For the Form, fee Append. N°. XXI.

f By Seel. 2. Notwithftanding fuch Oath taken, fuch other
Objections may be made as are allowed by the Laws of Scot-
land, againft fuch Electors.



F 3 intitle



( 70 )

intitle the Perfon • o vote at any Election in any
Shire or Stewartry."

By Seel. *». " The Right of Apparent Heirs in
voting by Virtue of their Predeceffor's Infeoff-
ments, and the Right of Hufbands by Virtue of
their Wives Infeoffments, is referved."

By Seel. 7. No Hufbands ftiall vote by Virtue
of their Wives Infeoffments, who are not Heireffes,
or have not Right to the Property of the Lands."

By Stat. 10 An. c. ig. fell. 182. " No Commif-
fioner, Officer, or other Perfon concerned in the
managing any of the Duties granted by this Act
(which is a Stamp Act) fhall endeavour to perfuade
any Elector to give, or difluade him from giving
his Vote for his Choice of any Perfon to be Com-
miflioners, and every Officer, or other Perfon of-
fending therein, fhall forfeit one Hundred Pounds,
half to the Informer, and half to the Poor of the
Place where the Offence is committed, to be re-
covered by any Perfon who fhall fue for the fame,
in the Court of Exchequer in Scotland ; and every
Perfon convicted on any fuch Suit, fhall be there-
by incapable of bearing any Place of Truft."

By Stat. 1 Geo. fiat. 2. c. 13. feci. 4. 17. M Every
Perfon who fhall refufe to take the Oath of * Ab-
juration, or being a Quaker, fhall refufe to declare
the Effect thereof upon his folemn Affirmation,
(which Oath and Declaration the Member laft
Elected for any County, or Stewartry in Scotland^
or in his Abfence, the Sheriff or Steward's Clerk,
until a Perfon be chofen to proceed -f in the faid
Meeting according to fiat. 3 Car. 2. c. 23. (of Scot -
tifh Acts) intitled, An Acl concerning the Eleclion of
Commiffioners for Shires, and after fuch Choice the
Perfon fo chofen to proceed, or any Perfon chofen

* The Form thereof, fee Appendix No. VH.
t Examined with the Record.

to



( 7« )

to proceed in any Meeting of any County or Srew-
artry there, in which Rolls for Elections fhall hap-
pen to be made up, fhall admin'fter, at the Re-
<jueft of any Candidate, or other Perlon prefent at
fuch Meeting for Election, before, or after choof-
ing the Prefident of the Meeting, or making up
the Rolls, (hall not be capable of giving any Vote
for the Election of a Prefident of the Meeting,
making up the Rolls, or if any Member to ferve in
the Houfe of Commons for any Place in Scotland^
or Commiflioner to choofe a Burgefs for any Place
there.

By Stat. 7 Geo. 2. c. 16. feci. 2. w Every Free-
holder who fhall claim to vote at an Election, or in
adjufting the Rolls of Freeholders, inftead of the
Oath appointed by 12 Ann flat. 1. c. 6. feci. 1.
fhall upon Requeft of any Freeholder formerly in-
rolled, take and fubfcribe the Oath, N°. XXII. in
the Appendix.

By Sett. 3. " In Cafe he refufe, his Name mail
be erafed out of the Roll of Freeholders ; and in
Cafe any Perfon fhall wilfully and falfly fwear, and
fubfcribe the faid Oath, he fhall incur the Punifli-
ment of Perjury, according to the Laws mScotland."

By Sett. 11. u The Borough of Wigtoun fhall
prefide at the Election of a Member, to reprefent
that Diftrict in the next Parliament."

By Stat. 16 Geo. 2. c. 11. feci. 2. <4 Such Per-
fons as ftand upon the Roll laft made up by the
Freeholders, whether at the Michaelmas Meeting,
or at the laft Election of a Member to ferve in Par-
liament, fhall be the original conftituent Members
at their next Michaelmas Meeting, or Meeting for
Election, to revifc the faid Roll."

By Seel. 3. " Any Freeholder upon the Roll,

may object to the Title of any Perfon who ftands at

prefent upon the Roll laft made up, and for that

Purpofe apply at any Time before the firft of De-

F 4 cember t



( 7* )

(smber^ 1743, by fummary Complaint to the Court
pf Sefiions, who fhall grant a Warrant for fummonr
ing fuch Perfons upon thirty Days Notice, and
fhall in a fummary Way, hear and determine fuch
Complaint •, and if no fuch Complaint be exhibited
•within the Time aforefaid, then no Freeholder,
who at prefent fiands upon the Rolls laft made up
fhall be ftruft off, or left out of the Roll, except
upon Objections arifing from the Alteration of that
Title, in Refpect of which he was inrolled, fuftain-
ed by the other Freeholders upon the Roll."

By Seel. 4. " If at any Michaelmas Meeting, or
Meeting for Election, any Perfon fhall by Judg-
ment of the Freeholders be refufed to be admitted,
pr be ftruck out of the Roll, he may apply within
four Kalcndar Months by fummary Complaints to
the Court upon whofe Objection he was refufed or
ftruck off, upon thirty Days Notice to anfwer, and
fhall hear and determine in a fummary Way on fuch
Complaint •, and if any Perfon be inrolled, whofe
Title fhall be thought liable to Objections, any
Freeholder upon the faid Roll (whether prefent at
the Meeting or not) may apply in like Manner by
Complaint to the Court of Sefiion within four Ka-
lendar Months, and the faid Court, after fervice of
fuch Complaint on thirty Days Notice upon the
Perfon faid to be wrongfully admitted to the Roll,
fhall hear and determine ; and if no fuch Com-
plaint be exhibited within the Time aforefaicl, the
Freeholder inrolled fhall continue upon the Roll,
until an Alteration of his Circumftances be allow-
ed by the Freeholders at a fubfequent Michaelmas
Meeting, or Meeting for Election, as a fufficient
Caufe for ftriking him out of the Roll."

By Seel. 5. " 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, the Sheriff or Steward's Clerk fhall,



( 73 )
upon preferring to him the Extract of fuch Judg-
ment, forthwith make the Alteration directed in
the Books kept by him ; and in cafe of refufal or
delay, he fhall forfeit one Hundred Pounds Ster-
ling to the Perfon in whofe favour the Judgment
of the Court is given, to be recovered by him or
his Executors.

By Seel. 6. " If the Judgment of the Freehold-
ers refufing to admit, or ftriking off any Perfons
from the faid Roll be affixed by the Court of Sef-
fion, the Perfon complaining fhall forfeit to the
Objector the Sum of thirty Pounds Sterling, with
Cofts.

By Seel. 7. " Every Freeholder who intends to
claim to be inrolled at any Michaelmas Meeting of
the Freeholders, fhall two Kalendar Months at leafl
before the faid Meeting, 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 upon which he
defires to be inrolled, and in cafe of his neglect he
fhall not be inrolled at fuch Meeting •, and in like
Manner, whoever intends to object to any Free-
holder 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 Sheriffor
Steward's Clerk, who fhall, upon receipt of the
afoiefaid Claim or Objections, indorfe thereon, the
Day he received the fame, and alfo give a Copy to
any Perfon, upon paying the legal Fee of an ordi-
nary Extract of the fame Length."

By Seel. 8. "No Perfon fhall be intitled to vote
for i CommiiTioner to ferve in Parliament for any
Shire or Stewartry in Scotland, or to be inrolled in
refpect of the old Extent of his Lands holden of
phe King or Prince, unlefs fuch old Extent is
proved by a Retour of the Lands of a Date prior to

the



( 74 )

the fixteenth of September, 1681 ; and no Diviiion
of rhe old Extent made fince the faid fixteenth of
September* 168 1, by Retour or any other Way mall
be fuftained as Evidence of the old Extent."

By Sett. 9. " Lands holden of the King or
Prince liable in public Burdens, for four hundred
Pounds Scots, of valued Rent, mail be a fufficient
Qualification, whatever be the old Extent of the
faid Lands.*'

By Seel. 10. " No Purchaferor fingle Succefibr,
mail be inrolled till he be publicly infeaft, and his
Seifin regiftered, or Charter of Confirmation be
expede (where Confirmation is neceffary) one Year
before the Inrolment ; and no Heir-apparent fhall
be inrolled, until his predeceflbr's Titles are pro-
duced and allowed by the Freeholders-, and any
Perfon may be inrolled, though abfent, provided
the Titles and Vouchers of his Qualification are
produced before the Freeholders."

By Seft. 11. "At the annual Meetings of Free-
holders at Michaelmas, the original Constituent
Members mail be fuch only as ftand upon the Roll
laft: made up, at a Michaelmas Meeting for an Elec-
tion of a Member to ferve in Parliament, and a
Copy figned and extracted of the Roll made up at
the Michaelmas Meetings, or Meetings for Elec-
tions, together with the Minutes of the Proceed-
ings, fhall by the Clerks of fuch Meetings be de-
livered to the Sheriff or Steward's Clerk gratis, and
and fhall be inferted in Books to be kept by the
faid Sheriff or Steward's Clerk for that purpofe,
who fhall deliver Copies of the fame extracted and
figned to any Freeholder paying the legal Fee for
an ordinary Extract of the fame Length, and fhall
at every fubfequent Meeting produce the faicj
Books, for the tjfe of the Freeholders; and in cafe
fuch Sheriff or Steward's Clerk neglect or refufe to
enter the aforefaid Rolls of Election, or Minutes

of



( 75 )
of Proceedings into Books fo to be kept, or to
give Copies thereof extracted and figned, or to
produce the Books at any fubfequent Meeting,
he fhall for every fuch Offence forfeit one hun-
dred Pounds Sterling, to be recovered by any Free-
holder within fuch Shire or Stewarty ; and if the
aforefaid principal Books be not produced, a Copy
of the faid Roll and Minutes, extracted and figned
by the Sheriff or Steward's Clerk, (hall be fuffi-
cient •, and if the Sheriff or Steward's Clerk , give
ialfe Copies of the faid Roll or Minutes, he fhall
for every fuch Offence forfeit one hundred Pounds
Sterling, to the Perfon to whom the falfe Copy is
given, to be recovered by him or his Executors,
and fhall be incapable of holding his laid Office."

By Seel. [2. " At every Ele&ion for any Shire
or Stewartry in Scotland, the Roll of Electors laft
made up, whether at the Michaelmas Meeting, or
at the laft Election, fhall be the Roll to be called
over by the Commiflioner laft elected, or in his
abfence by the Sheriff or Steward's Clerk, in order
to the Election of Prefes and Clerk, as alfo by the
Prefes after he is chofen, for the choice of the
Member, and for the Determination of all Quef-
tions in adjufting the Roll, and in the Courfe of
the Election, excepting fo far as the faid Roll fhall
after the Choice of Prefes and Clerk be altered by
Judgment of the Freeholders ftanding on that
Roll."

By Seel. 19. " In the Shire of Sutherland no
Perfon fhall vote at fuch Election unlefs he be in-
feoft and in poffeffion of Lands liable to his Ma-
jefty's Supplies, and other public Burthens, at the
Rate of two hundred Pounds Scots, valued
Rent."

By Seel. 20. " One Perfon only fhall be intitled
to vote, in refpect of the fame Lands -, and where
Lands are now holden by any Freeholder immedi-
ately



C 7* )

ately of the King or Prince, fuch Freeholder (hall
be intitled to vote for thofe Lands •, and no Vaflal,
or Subvaffal of the faid Freeholder fhall have Right
to vote, in refpect thereof; and where Lands are '
now holden or fhall hereafter be holden of the King
or Prince, by a Peer or other Perfon, or Body
Politic, who by Law are difabled to be a Member
of the Houfe of Commons, or to vote in fuch
Elections, the Proprietor of fuch Lands, and not
any of his Superiors, fhall be intitled to vote in re-
fpect of the fame Lands; and no Alienation of the
Superiority by fuch Peer, &c. fhall deprive the
Proprietor of his Right to vote in the faid Shire ;
nor intitle the Purchafer of the Superiority to vote;
and the Property of Lands of the Valuation afore -
faid, holden in Part of the King or the Prince, and
in Part of a Peer, or other Perfon, or Body Politic
incapable to elect, or to be elected, fhall be a Qua-
lification to the Proprietor to vote."

By Sect. 25. " The Magiftrates and Counfellors
or Royal Boroughs in Scotland, may take and fub-
fcribe the Oath of Allegiance, fubfcribe the AfTur-
ance, and take and fign the Oath of Abjuration,
before the Counfel of their refpective Boroughs."

By Seel. 29. " It is no Objection to any Com-
miffioner for choofing a Burgefs, that he is not a
Refidenter within the Borough, bearing all port-
able Charges with his Neighbours, or that he is
no trafficking Merchant therein, or that he is not
in Poflfefiion of any Burgage Lands or Houfes hold-
ing of the Borough, and fuch Qualifications need
not be engrofled in his Commifiion."

By Seel. 33. " The Electors of Commiffioners
for any Royal Borough in Scotland, for chufing
BurgefTes to Parliament, are within the Meaning
pf the 2 Geo. 2. c. 24. to be confidered as the
Electors of the Member to ferve in Parliament."

By Seff. 34. " At every Election of Commif-
fioners



( 17 )
fioncrs For choofing Burgeffes of the feveral Dis-
tricts of Boroughs in Scotland, and at the Election
of a Burgefs to ferve in Parliament for the City of
Edinburgh, every Magiftrate, Town Counfellor or
Perfon, having or claiming a Right to vote, in-
llead of the Oath prefcribed by the faid Act, fhall
take the Oath [in Appendix, N°. XXIII.] in cafe
the fame be demanded by any of the Electors •, and
•which any of the Magiftrat.es, or in their abfence,
any of the Town Counfel fhall adminifter."

2. The Qualifications of the elecled Commoners for
Scotland.

By Stat. 5 Ann c. 8. feci. i. art, 22. " Every
Member of the Houfe of Commons, in all fuc-
ceeding Parliaments of Great Britain, until the
Parliament of Great Britain fhall otherwife direct,
fhall take the Oaths * appointed to be taken in-
flead of the Oaths of Allegiance and Supremacy,
by 1 Will, and Mar. fiat. 1. c. 8. and fubfcribe
and repeat the Declaration mentioned in 30 Car.
2. fiat. 2. and fhall take and fubfcribe the Oath
mentioned in 1 Ann fiat. 1. c. 22."

By Stat. 5 Ann. c. 8. feci. 12. " None fhall be
capable of being elecled, but fuch as are Twenty-
one Years of Age compleat, and Proteftants, ex-
cluding all Papifts, or fuch as being fufpected of
Popery, and required, refufe to fwear and fub-
fcribe the Formula^ contained in the third Aft
made in the eighth and ninth Sefiion of King Wil-
liam's Parliament, for preventing the Growth of
Popery ; and none fhall be capable to be elected,
except fuch as are now capable by the Laws of

* The Forms of thefe Oaths are altered by Stat. 1 Geo. 2.
Jlat. 2. c 13. fia. 1, 2, 3. See Appendix, N°. VII.
f See Appendix, N°. XXI.

• this



( 78 )
this Kingdom to be elected as Commiffioners fof
Shires or Boroughs to the Parliament of Scot-
land."

By Stat. 12 Ann flat. i. c. 6. feci, i, "No
Conveyance or Right, whereupon infeoffment is
not taken, and Seifin regiftrated, one Year before
the 'Tejle of the Writs for calling a new Parlia-
ment, fhall, upon Objection made, entitle the
Perfon infeft to be elected in any Shire or Stew-
artry in Scotland ; and in cafe any Election happen
during the continuance of Parliament, no Convey-
ance or Right, whereupon Infeoffment is not taken
one Year before the Date of the Warrant for
making out a new Writ for fuch Ejection, (hall,
upon Objection made, intitle the Perfon infeft to
be elected at that Election ; and any of the Elec-
tors, fufpecting any Perfon to have his Eftate in
Truft, and for the behoof of another, may require
the Prefes of the Meeting to tender an *,Oath to
any Elector; and in cafe fuch Elector refufe to
fwear, and fubfcribe the Oath, he mail not be ca-
pable of being elected at fuch Election."

By Seel. 3. " No Infeoffment taken upon any
redeemable Right (except proper Wad fetts, Adju-
dications or Apprifings, allowed by the Act of
Parliament relating to Elections in 168 1.) fhall
intitle the Perfon to be elected in any Shire or
Stewartry."

By Stat. 7 Geo. 2. c. 16. feci. 4. " No Judge
of the Court of Sefllon, or Jufticiary, or Baron of
the Exchequer in Scotland^ fhall be capable of being
elected a Member of the Houfe of Commons.'*

By Stat. 16 Geo. 2. c. 11. feci. 10. " If any
Perfon be chofen a Member to ferve in Parlia-

* By Sea. 2. " Notwi'.hftanding fuch Oath taken, it fhall
be lawful to make fuch other Objections as are allowed by the
Laws of Scotland, againft fuch Electors.

* ment,



( 79 )
ment, for any Shire or Stewartry in Scotland, who
fhall not be prefent at the Meeting of Election ;
the Member fo elected before he takes his feat in
Parliament fhall take the Oath appointed to be
taken by Stat. 7 Geo. 2. c. 16. feft. 2. before the
Lord Steward of his Majefty's Houfhold, or any
Perfon authorized by him ; and if a Member fo
elected, neglect 01 refufe to take the afore Paid
Oath, fuch Election fhall be void : And by Stat.
1 Geo. fiat. 2. c. 13. feci. 17. fuch Member fhall be
difabled to fue in any Court of Law, or to profe-
cute any Suit in Equity, or to be Guardian, Exe-
cutor, or Adminiftrator, or be capable of any Le-
gacy or Deed of Gift, or be in any Office in Great
Britain, and fhall forfeit five hundred Pounds, to
him who will fue by way of fummary Complaint,
before the Court of Sefllons or Jufticiary in Scot-
land. See Stat. 13 Will, 3. c. 6. Seel. 10, 11.'*

By Seel. 19. " In the Shire of Sutherland no
Perfon mall be elected Commiffioner for the faid
Shire, unlefs he be infeoft and in PofTefllon of
Lands liable to his Majefties Supplies, and other
public Burthens, at the Rate of two hundred
Pounds Scots, value Rent."

By Sett. 20. " One Perfon only fhall be intitled
to be elected, in refpect of the fame Lands -, and
where Lands are now holden by any Freeholder
immediately of the King or Prince, fuch Free-
holder fhall be capable to be elected for thofe
Lands j and no Vaffal or SubvafTal of the faid
Freeholder fhall have Right to be elected in refpect
thereof •, and where Lands are now holden or fhall
hereafter be holden of the King or Prince, by a
Peer or other Perfon, or Body Politic who by Law
are 'Jifabled to be a Member of the Houfe of
Commons, the Proprietor of fuch Lands, and not
any of his Superiors, fhall be intitled to be elected
in refpect of the fame Lands ; and no alienation of

the



( So )

the Superiority by fuch Peer, &V. fhall deprive'
the Proprietor of his Right to be elected, nor in-
title the Purchafer of the Superiority to be elected ;
and the Property of Lands of the Valuation afore-
faid, holden in Part of the King or Prince, and irt
Part of a Peer, or other Perfon, or Body Politic
incapable to elect or to be elected, fhall be a Qua-
lification to the Proprietor to be elected for the
faid Shire."

By Sett. 23. " No Perfon elected Magiftrate or
Counfellor by a Minority fhall act as Magiftrate or
Counfellor ; and if any Perfon notwithftanding
prefume to act, he fhall for every fuch Offence
forfeit one hundred Pounds Sterling, to the Ma-
gistrates or Counfellors elected by the Minority,
or to any of them who fhall fue for the fame."

By Stat. 33 Geo. 2. c. 20. feci. 3. " That Act
requiring Members in future before they act, to
deliver in at the Table, while the Houfe is fitting,
a figned Schedule of their refpective Qualifications,
fhall not extend to the Members for Scotland?*

3: The Manner of& Proceeding at the Eletlion of the
Commoners for Scotland.

By Stat. 16 Geo. 2. c. 11. feci. 40. " When any
new Parliament fhall be called, the Lord Chancel-
lor fhall iffue Writs for Election of Members to
ferve in Parliament for Scotland with as much expe-
dition as may be ; and in that Cafe, or in cafe
of any vacancy during any Parliament, the Writs
fhall be delivered to the Sheriff to whom the Ex-
ecution thereof belongs •, and every fuch Sheriff or
Steward fhall indorfe thereon the Day he received
the fame, and fhall within four Days after thc-Re-
ceipt thereof, make out a Precept to each Borough
within his Jurifdiction, to elect a Commiffioner
for chufing a Burgefs to ferve in Parliament, and

fhall



( to )

fhall caufe the fame to be delivered to the chief
Magiftrate of fuch Borough, refient in the Bo-
rough ; and in cafe fuch Sheriff or Steward neglect
to indorfe on the Writ the Day he received the
fame, or to make out his Precept, and to deliver
the fame to the chief Magiftrate, he fhall for every
fuch Offence forfeit one hundred Founds Ster-
ling, to any Magiftrate of the Borough to which
the Precept is not timoujly * delivered, who fhall
fue for the fame."

By Sett. 41." Such chief Magiftrate to whom
the Precept fhall be delivered, fhall indorfe there-
on the Day he received the fame, and within
two Days fhall fummon the Council of the Bo-
rough together, by giving Notice perfonally, or
leaving notice at the Dwelling-place of every
Counfellor then refient in that Borough, which
Council fhall then appoint a peremptory Day for
the Election of a Commiffioner for choofing a Bur-
gefs to ferve in Parliament."

By Seel. 42. " Two free Days fhall intervene



Online LibraryGreat BritainLaws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters → online text (page 7 of 24)