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164 C. 16. Anno feptimo Georgii II. A. D. 1734. CAP. XVI. An Aft for the better regulating the Election of Members to ferve in the Houfe of Com- mons for that Part of Great Britain called Scotland; and for incapacitating the Judges of the Court of Seffion, Court of Jufticiary, and Barons of the Court of Exchequer in Scot- land, to be ele&ed, or to fit or vote as Members of the Houfe of Commons. H E R E A S Doubts may arife, whether the Acts of Parliament made in England for preventing falfe and undue Returns of Members to ferve in Parliament, extend to that Part of Great Bri- tain called Scotland : And whereas feveral Queftions have arifen concerning the Election of Commoners ' to ferve in Parliament for that Part of Great Britain : ' Therefore to obviate fuch Doubts, Difputes and Queftions for the future, and for the more effectually preventing Returning Officers in that Part of Great Britain called Scotland, making falfe and undue Returns; May it pleafe your Majefty that it may be en- acted, and be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aiTembled, and by the Au- After 1 May thority of the fame, That if the Clerk of any Meeting of Freeholders for the Election of a Commif- 1734, 500 1. Pe- fioner to ferve in Parliament for any Shire or Stewartry in Scotland, after the firft Day of May one thou- falfe y Return y ^n& feven hundred and thirty-four, (hall wilfully return to the Sheriff or Stewart any Perfon other than him who (hall be duly elected ; or if any other Perfon pretending to be Clerk, though not duly elected, (hall prefume to act as Clerk, and wilfully to return to the Sheriff any Perfon as elected who (ha'l not be duly elected by the major Part of fuch Meeting; the Party fo offending (hall for every fuch Offence forfeit the Sum of five hundred Pounds Sterling, to be recovered by the Candidate fo elected, to whofe. Prejudice fuch falfe Return is made, in fuch Manner as is herein after directed. Freeholders, on II. And be it further enacted, That every Freeholder who (hall claim to vote at any Election of a Requeft, to take Member to ferve in Parliament for any Lands or Eftate in any County or Stewartry in Scotland, or who Oath°inftealof ma ^ riave R'g nt t0 vote m adjufting the Rolls of Freeholders, inftead of the Oath appointed to be that appointed taken by an Act made in the Twelfth Year of her late Majefty Queen Anne, intituled, An Acl for byi2Anna:,c,6. the better regulating Elections of Members to ferve in Parliament for that Part of Great Britain called Scotland, (hall upon the Requeft of any Freeholder formerly inrolled, before he proceed to vote in the Choice of a Member, or on adjufting the Rolls, take and fubfcribe upon a Roll of Parchment to be pro- vided and kept by the Sheriff or Stewart Clerk for that Purpofe, the Oath following, which the Prafes or Clerk to the Meeting, either for the Inrollment or Election, is hereby impowered and required to admi- nifter ; that is to fay, 'A.B.doin the Prefence of God declare andfwear, That the Lands and Eftate of for which I claim a Right to vote in the Election of a Member to ferve in Parliament for this County or Stewar- try, is aclually in my Poffeffion, and do realy and trully belong to me, and is my own proper Eflate, and is not conveyed to me in Truft, or for or i?i Behalf of any other Perjon whatfoever ; and that neither I, nor any Perfon to my Knowledge, in my Name, or on my Account, or by ?ny Allowance, hath given, or intends to give, any Pro- inife, Obligation, Bond, Back-bond or other Security whatfoever, other than appears from the Tcnour and Con- tents of the Title, upon zvhich I now clai?n a Right to vote, diretlly or indirectly, for redifponing or reconveying the faid Lands and Eflate in any Manner of Way whatfoever, or for making the Rents or Profits thereof forth- coming to the Ufe or Benefit of the Perfon from whom 1 have acquired the faid Eflate, or any other Perfon what- foever ; and that my Title to the faid Lands_ and Eflate is not nominal or fictitious, created or referved in me, in order to enable me to vote for a Member to ferve in Parliament; but that the fa?ne is a true and real Eftate in me, ■ , „ for my oivn Ufe and Benefit, and for the Ufe of no other Perfon whatfoever ; and that is the Truth; as I Jhall f«.j6 <?«.*, { nf J r {0 Go i J> J J J J J in cafe of Re- III. And that in cafe he (hall refufe if required to take and fubfcribe the Oath aforefaid, his Vote rfufa], Vote not (hall not be admitted or allowed, and his Name lhall forthwith be erafed out of the Roll of Freeholders ; to be a mute . an£ , j q ca ^ e ^^ Perfon (hall prefume wilfully and falfly to fwear and fubfcribe the faid Oath, and (hall be f e earin' ° n ^"^ tnere °f lawfully convicted, he (hall incur the Pains and Puniihment of Perjury, and be profecuted for the w a fame according to the Laws and Forms in ufe in Scotland. Judges of Sef- IV. And be it further enacted, That no Judge of the Court of Sefiion or Jufticiary, or Baron of the Aon jufticiary or fj ourt f Exchequer in Scotland, (hall be capable of being elected, or of fitting or voting as a Member of c^pabiTto be"" the Houfe of Commons in any Parliament which (hall be hereafter fummoned and holden. elected. V. And be it further enacted by the Authority aforefaid, That the feveral Sheriffs and Stewarts in ait 6 " Re 4 e? a t y of Scotland (hall within the Space of Four Days after the Writ (hall come to their Hand, iffue their Pre- the e writs C to P iirue cepts to the feveral Boroughs within their Jurifdiction to elect their Delegates, and (hall caufe the fame to Vrtcepts for be delivered to the chief Magiftrate of fuch Borough reliant in the Borough for the time being ; and that 'ates^fndchief ^ uc ^ crue f Magiftrate, to whom fuch Precept (hall be delivered, (hall within two Days after his Receipt f.iagVftrate z of the fame, call and fummon the Council of the Borough together, by giving Notice perfonally, or Days after to leaving Notice at the dwelling Place of every Counfellor then refiant in fuch Borough, which Council Cound"of h Bo- ma '* thcn a PP omt a peremptory Day for the Election of the Delegate; but two free Days (hall intervene rough. " betwixt the Meeting of the Council which appoints the Day of Election of the Delegate, and the Day on Council to ap- which the Election of the Delegate is to be made. point a Day for SS." 5 "*' VI. And /
