ELECTION LAWS. 



409 



.Election rnons, allotted to Scotland, was 45 members, 30 from 

 v _-* W !L- ^e counties, and 15 from the royal boroughs. These 



representatives are chosen in the following manner. 

 Election of 1. Election of the Peers of Scotland, 

 the Peere of The 1 6 peers of Scotland are chosen from among the 

 Scotland, members of the ancient Scotish Peerage, who are decla- 

 red to be the body of electors. When a new parliament 

 is summoned, the peers of Scotland are called by pro- 

 clamation to meet and elect their representatives. This 

 proclamation must be made at Edinburgh, and in the 

 other county towns, 25 days at least before the day of 

 election. The election is held in the palace of Holy- 

 roodhouse ; and the meeting is attended by the Lord 

 Clerk Register, or two of the principal clerks of ses- 

 sion. After prayers, by one of the king's chaplains, 

 the proclamation and execution are read, the roll cal- 

 led, those present marked, and the signed lists and 

 proxies entered in the minutes. The peers present 

 must then take the oaths of allegiance and abjuration, 

 the oath of supremacy, and the test, and those voting by 

 proxy, or by signed lists, must, if in Scotland, have 

 taken these oaths before the Sheriff-depate in court, 

 certified by the subscription and seal of the judge. 

 If in England, the oaths must be taken in the Court of 

 Chancery, King's Bench, Common Pleas, or Exchequer, 

 and certified by writ under the seal of Court. If the 

 Peer be out of the kingdom, it will be sufficient if it be 

 certified that he has formerly taken the oaths in any of 

 these ways ; or that he has taken the oaths in Parlia- 

 ment, certified under the great seal. No peer under 

 age, Roman Catholic, or who declines to subscribe the 

 formula, can either vote or be elected. None can be 

 received as a proxy but a peer, who is himself qualified 

 to vote at the election ; and the same person cannot act 

 as proxy for more than two peers. The proxies and 

 lists must be signed by the peer, by his Scotish title 

 alone, in the presence of witnesses, who must likewise 

 subscribe. 



After the oaths have been administered to those pre- 

 sent, and the oaths of the absent examined ; the votes 

 are then collected, the lists investigated, and the peers 

 chosen by a majority of votes declared. There is no 

 casting vote allowed in the case of an equality ; but the 

 returning officer states the fact, leaving it to the House 

 of Peers to give their directions with regard to the point. 

 A certificate of the names of the 16 peers being made 

 out upon parchment, is signed and read to the meeting 

 by the officiating clerk, and by him returned to Chan- 

 cery, in a packet addressed to the clerk to the crown, 

 before the period fixed for the meeting of parliament. 



The peers have no right to decide upon a disputed 

 title ; but any peer may enter a protest against any of 

 the proceedings which he considers objectionable. 

 Such protests must be admitted by the returning officer, 

 and he must give out extracts of them to any of the 

 peers demanding them ; but he takes no notice of these 

 protests in the certificate of election. 

 Election of ' Election of Commissioners for Shires. 



The act 1681 provided, that the qualification of a 

 freeholder should be a forty-shilling land of old extent 

 or property rated at L. 400 Scots of valued rent. As 

 evidence of the old extent, the act 16 Geo. II. c. 1 1 . re- 

 quires a retour or extract from Chancery, prior to the 

 16th September 1681, proving the lands to be of the 

 alleged value, either in one or in different fums, inde- 

 pendently of the feu-duty. When there is no retour 

 for proving the old extent, it is necessary to show that 

 the lands stand rated in the cess books at L. 400 Scots 

 VOL. vin. PAHTII. 



of valued rent. The valuation in the cess books is in- 

 structed by a certificate under the hands of two of the v 

 commissioners of supply for the county, and of the 

 clerk of supply. 



The lands, in order to afford a qualification, must be 

 held of the king or prince ; and the claimant must 

 have been infeft, and his infeftment recorded; or his 

 charter expede, a year before the enrolment ; except- 

 ing the case of a husband claiming to vote on his wife's 

 titles, and that of an apparent heir in possession under 

 the infeftments of his ancestors ; in which cases, the 

 requisite of infeftment is dispensed with. The claim- 

 ant must be in possession of the lands, either natural- 

 ly, by labouring the ground, or civilly, by drawing 

 the rents or feu-duties, or even by taking steps for en- 

 forcing payment of them. 



Minors and fatuous persons are disqualified from vo- 

 ting, as also aliens, and the eldest sons of peers. Judges 

 of the Court of Session, Justiciary, or Exchequer, are 

 exempted, as are also the clergy. A person who alrea- 

 dy represents one county, cannot be chosen to repre- 

 sent another. All persons are disqualified from voting 

 at elections, who are concerned in the management of 

 any duties or taxes (the Commissioners of the Trea- 

 sury excepted), all commissioners of prizes, sick or 

 wounded, transports, wine-licences, navy and victual- 

 ling-offices, secretaries or receivers of prizes, comptrol- 

 lers of the army accounts, agents for regiments, gover- 

 nors of plantations, and their deputies, officers of Mi- 

 norca and Gibraltar, officers of the excise and customs, 

 clerks and deputies in the several offices of the trea- 

 sury, exchequer, navy, victualling, admiralty, pay of 

 the army or navy, secretaries of state, salt, stamps, ap- 

 peals, wine-licences, hackney-coaches, hawkers and ped- 

 lars, and every person who holds any new office under 

 the crown, erected since 1 705. All persons holding 

 contracts with government are incapable of being elect- 

 ed ; as are likewise all persons holding pensions from 

 the crown ; and, even after being elected, any member 

 who accepts of an office of profit under the crown, ex- 

 cepting commissions in the army and navy, must va- 

 cate his seat, although he may be re-elected. 



A person claiming to be enrolled, must leave a copy 

 of his claim with the sheriff-clerk, two calendar months 

 before the Michaelmas head-court. The sheriff-clerk 

 must indorse on the claim the date of receiving it, and 

 give out copies of it, when required, for the same fee 

 with an ordinary extract. The copy left with the she- 

 riff-clerk, however, need not be signed by the claim- 

 ant ; even the principal claim need not be signed, nor 

 is it necessary for the claimant to appear in person at 

 the meeting ; any of the other freeholders may appear 

 for him ; and the possession of his titles, whicli must 

 be produced, will be equivalent to a mandate. An ob- 

 jection to a freeholder's remaining on the roll, must al- 

 so be left with the sheriff-clerk two calendar months 

 before the meeting, and indorsed, &c. in the same man- 

 ner as a claim for enrolment. A claim, or objection, 

 must be supported by one freeholder at the meeting, 

 otherwise the sheriff-clerk is under no obligation to 

 bring it forward. 



A meeting of freeholders is not entitled to review 

 the proceedings of a former meeting ; but a claimant 

 who nas been rejected by a former meeting, may be ad- 

 mitted by a subsequent one, on presenting a new claim. 

 When a meeting of freeholders has done wrong, by re- 

 jecting a claim, or by striking a person off the roll, a 

 complaint lies to the Court of Session : which must be 

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