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Scottish Court of Session Decisions >>
George Ferguson v Mungo Campbell. [1780] Mor 8778 (9 December 1780)
URL: http://www.bailii.org/scot/cases/ScotCS/1780/Mor2108778-158.html Cite as:
[1780] Mor 8778
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. IV.
Trust Oath.
George Ferguson v. Mungo Campbell
Date: 9 December 1780 Case No. No 158.
A person having withdrawn from the court of freeholders, after it was proposed to put the trust-oath to him, the Lords found this equivalent to a refusal to take the oath, and ordered him to be expunged from the roll.
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At the meeting in 1780, for election of a representative to serve in Parliament for the county of Ayr, Mr Fergusson, a freeholder standing upon the roll, moved, “That Mr Campbell should take the oath of trust and possession; and required the said Mr Campbell, whom he saw in court, to take the same;” whereupon Mr Campbell withdrew, and Mr Fergusson further moved, “That in terms of the act of Parliament, (7th Geo. II, c. 16.) he should forthwith be struck off the roll.”
The answer made was, “That Mr Fergusson's request cannot be complied with, because Mr Campbell has not refused to take the trust-oath. All the law requires is, that Mr Campbell take that oath before he proceed to vote; and, when he comes to vote, he, no doubt, will take the oath mentioned. But, till then, he is not bound to remain in court longer than he pleases; nor can he be struck off the roll till he actually refuse to swear.”
The meeting having, “by a majority of voices, repelled the objection, and refused to strike the said Mungo Campbell off the roll,” Mr Fergusson protested, and afterwards brought the judgment of the freeholders under review, by petition and complaint.
At advising, the Court required Mr Campbell to say positively, whether or not he was present when the oath was tendered? Mr Campbell, by his counsel, admitted that he was present; and the Court
Found, “That the respondent having wilfully absented himself, after the trust-oath was desired to be put, is to be held as refusing to take the oath;” and therefore granted warrant for expunging him, and found him liable in expenses.
Act. Nairne.Alt. Wight, and J. Boswell.Clerk, Tait.
Fol. Dic. v. 3. p. 421. Fac. Col. No 8. p. 16.
