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Scottish Court of Session Decisions >>
Sir James Stewart v - . [1600] Mor 8831 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Mor2108831-204.html Cite as:
[1600] Mor 8831
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. I.
Time of holding the Court. - Can Freeholders be compelled to meet. - Quorum. - Calling the roll, and choice of Preses and Clerk.
The Sheriffs having been irregular as to the time of holding Michaelmas head-courts, it was, by act 16th Geo. II. cap. 11. enacted, That every Sheriff should, at least 14 days before Michalmas, appoint a precise day for holding such court in the year 1753, causing the same to be intimated at all the parish-churches within the shire, upon a Sunday at least eight days preceding; and that the day so to be fixed, should be the anniversary for holding the Michaelmas head-court in that county, in all time to come.
Sir James Stewart v. -
Case No. No 204.
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By 16th George II. cap. 11, § 13, it is enacted, “That if the Commissioner last elected, or, in his absence, the Sheriff or Steward's Clerk, shall, in the choice of preses or Clerk, receive the vote of any person who does not stand upon the said roll, (the roll last made up), he shall for every such offence forfeit the sum of L. 300 Sterling to every candidate for the office of preses or clerk respectively, for whom such person shall not have given his vote; and for refusing the vote of any person whose name is upon the roll, he shall for every such offence forfeit the like sum of L. 300 Sterling to the person whose name shall not be called for, or whose vote shall be refused.” But this is to be understood sanso sensu, as not extending to persons legally disqualified, or otherwise clearly not entitled. Thus at a meeting for election for Mid Lothian, in 1744, the name of Sir John Stewart appeared upon the roll 1742, being the roll last made up. The present Sir James Stewart claimed a vote for preses and clerk; but the Commissioner last elected being satisfied that the name in the roll did not apply to him, but to his father, who had been omitted to be struck off at his death, refused to admit him. Sir James preferred a complaint upon the statute, insisting for the penalty; but the complaint was refused. See Appendix.
