By W. & M. 1st Parl. sess. 4. c. 6., (Scots act) and 16 G. 2. c. 11. s. 26. the magistrates and counsellors take the oath of allegiance, vid. p. 40. and sign the assurance, vid. p. 119., and also the oath of abjuration, vid. p. 44. if required by any member of the council. Though it is provided by 16 G. 2. c. 11. s. 26. that all other oaths appointed for such elections shall be made, if required, yet it appears to be doubtful whether any other oaths can be required. s. 35. Boroughs. In all elections of commissioners for choosing burgesses 16 G. 2. c. 11. and before they proceed to election, the common clerk of each borough shall take the oath therein stated, which any Common clerk of the magistrates, or in their absence any two of the town vid. p. 120. council, shall administer. to take oath, p. s. 34. At every election of commissioners for choosing burgesses, and at the election of a burgess for Edinburgh, Oath against bribery, vid. every magistrate, counsellor, or person, having a right to 120. vote at such election, instead of the oath prescribed by the act of 2 G. 2., shall take the oath therein stated, if demanded by any one of the electors, which oath any of the magistrates, or in their absence any of the town council, shall administer. The votes are then given, and the person who has the majority of votes is to be the commissioner. 8.26. The common clerk of such borough shall make out a 16 G. 2. c.11. commission to the person chosen commissioner by the Boroughs. major part of the magistrates and town-council assembled The clerk to sign the comfor that purpose, and shall affix the common seal of the mission, and borough and sign such commission, and shall not make fix the seal of the borough. out a commission for any person as commissioner, other than he who is chosen by the majority, on a penalty of five hundred pounds for every such offence, to the person Six months elected commissioner for the said borough, and on pain of imprisonment incapable to suffering six months imprisonment, and being for ever hold office of disabled to enjoy the said office of common clerk. Penalty 5001. common clerk. s. 27. If any person not the common clerk shall act as such in the election of a commissioner, and shall make out a commis- Person not chosen acting sion for any person other than the person who was chosen as clerk, and by the majority, and shall sign or affix the common seal making out wrongful com missions, penalty 5001. 6 A. c. 6. s. 5. Boroughs. Meeting for the election. 7 G. 2. c. 16. thereto, he shall forfeit five hundred pounds, to be recovered by the commissioner duly chosen. The commissioners for the boroughs shall meet at the presiding borough of the district upon the 30th day after the day of the teste of the writ, unless it be Sunday, and * then the day after. On account of some mistakes having arisen in the dis8.11. Wigton. trict of Wigtoun, Whithorn, New Galloway, and Stran raver, as to their presiding at elections for that district, it was declared that the borough of Wigtoun shall preside at the election for the next Parliament, and that the other boroughs of the district shall preside afterwards, in the method prescribed by the Scots act of 5 Ann. c. 8. adopted by the act of Union. 14 G. 3. c. 81. 8. 2. When the election of the magistrates and council of the borough, which ought to have been the presiding borough, When the presiding borough is reduced and not revived, the next borough entitled to is reduced, the preside in turn shall be the presiding borough, and the election shall be made at that borough. next shall pre side. s. 3. When presi reduced and restored, it The borough which would have been the presiding ding borough borough at the election, if the election of the magistrates and counsellors had not been reduced, shall, when revived by the justice of the crown, have no right to be a presiding borough in the election of a burgess, until the other boroughs of the district have successively presided, and the right devolves upon such borough in the ordinary course of rotation. shall not preside until all the others have presided. 16G. 2. c.11. s. 35. Boroughs. The commissioners for the boroughs having met at the presiding borough, shall produce to the common clerk thereof, who shall be the clerk of the meeting, their precepts to their several boroughs, and also their commissions. The commissioner for the presiding borough shall act as preses of the meeting. The acts of 2 G. 2. c. 24., and 16 G. 2. c.11. s.38. are then read. The clerk of the presiding borough shall take the oath which the commissioner for the presiding borough, siding borough or in his absence any other of the commissioners shall Clerk of pre to take oath, administer. vid. p. 120. 8.36. Clerk refusing, If such clerk shall refuse to take the oath he shall be incapable to act as clerk of the meeting, and the commis- incapable to sioners may choose another clerk, who shall have all the act. powers, in the same meeting and in returning the member chosen, that are competent to the clerk of the presiding borough. Such clerk shall also take the oaths of allegiance and abjuration, and sign the assurance. He then reads the commissions, and enters the particulars of them in the minutes. This is the time for hearing and deciding on objections to the commissions. 8.30. The votes of At all meetings of commissioners the common clerk shall allow the votes of such persons only who pro- such persons duce commissions authenticated by the subscription only shall be of the common clerk, and the common seal of the re- shall produce spective boroughs within the district. allowed as commissions. s.32. Person insisting that he commissioner, If any person, to whom no commission is made out, shall insist that he was duly elected the commissioner from any royal borough, he shall be admitted to the was elected meeting of the commissioners for choosing burgesses, but not having and may offer to take all the oaths required by law, commission, to and declare for whom he would have voted, had he been the meeting, duly commissioned, which oaths the clerk of the pre- not to be considing borough shall administer, and the clerk shall set sidered legal. down in the minutes, the declaration as to the candidate, for whom he would have voted, had he been commissioned, but the clerk shall upon no pretence consider such person a legal voter. After the nomination of the candidates, the clerk administers to the electors the same oaths that are administered in elections for shires or stewartries, vid. p. 111. ; (except the oath of trust and possession,) and the oath against bribery in the 16 G. 2. c. 11. s. 34., vid. p. 120. instead of the oath to that effect in the 2 G. 2., in case it is required by one of the electors. but his vote 16 G. 2. c. 11. In case of an equality of votes, the commissioner for 5 Ann, c.8. the presiding borough, as the preses of the meeting shall s. 12. have a casting vote, and by 16 G. 2. c. 11. s. 28. if the s. 28. commissioner for the presiding borough shall be absent Boroughs. 6 A. c.6. 8.5. Boroughs. Return to the sheriff. 16 G.2. c.11. s. 30.31. from or refuse to vote at such election, the commissioner from the presiding borough at the last election, and if he be absent or refuse to vote, the commissioner from the last presiding borough but one, and if he be absent the commissioner from the last presiding borough but two, shall have, besides his own, the casting or decisive vote. The majority being declared, it is the duty of the preses and the clerk to sign the minutes of the proceedings. The clerk shall, immediately after the election, return the name of the person so elected to the sheriff or steward of the shire or stewartry where such presiding borough is. There is no provision, and on account of the small number of votes, there is no necessity for a scrutiny in Scotland; and though by the general law of Parliament, returns are to be made with due diligence, no time is expressly limited for such purpose. In consequence of the preses of the meeting having a casting vote, a double return need only be made where it is disputed who is the returning officer, and where there is a doubt as to the elegibility of the candidate, and also on the ground of an equality of numbers in the case where two commissioners are sent from one of the boroughs of the district, and it is a question which of them is legally appointed. If the clerk shall neglect or refuse to return the perRefusal by the son so elected, or shall return any other person to the clerk to return sheriff or steward, he shall for every such offence forfeit 500l. penalty. five hundred pounds, suffer imprisonment for six months, and be disabled from holding the office of common clerk of the presiding borough as if he were dead, and if the sheriff or steward shall not annex to the writ such return, or shall annex to the writ any return made by any other person, he shall for every such offence forfeit five hundred pounds. Sheriff not annexing return 500l. penalty. Vid. pp.23.24. These pecuniary penalties are declared to be in lieu of penalties of the like amount inflicted by 7 G. 2. c.16. s.8. The provisions of the 49 G. 3. c. 118. inflicting penalties on persons entering into engagements for money, or to procure offices to procure returns; and of the 25 G.3. c. 84. s. 14. enabling the person who ought to have been returned to recover double damages extend to Scotland. The provision also of sect. 10. of the last act, enabling an elector, where no return has been made, in particular cases to petition the house of commons, extend to this country. writ into the The sheriff or steward of the shire or stewartry, shall 6 A. c. 6. s. 5. annex the return from the clerk of the meeting for the Return of the election of knights of the shire, and also the return from crown office. the clerk of the presiding borough, at the election of M. P's. for the districts of boroughs to the writ, and return them with the same into the crown office in England. Assurance required by the Scots stat. of W. & M.1st Assurance. Parl. Sess. 4. (1693) c. 6. and according to the form contained in 6 G. 3. c. 53. s. 1. "I, A. B. do, in the sincerity of my heart, assert, acknowledge, and declare, that his Majesty, king George, is the only lawful and undoubted sovereign of this realm, as well de jure, that is, of right king, as de facto, that is, in the possession and exercise of the government; and therefore I do promise and swear that I will, with heart and hand, life and goods, maintain and defend his right, title, and government against the descendants of the person who pretended to be prince of Wales, during the life of the late king James, and since his decease, pretended to be, and took upon himself the style and title of king of England, by the name of James the third, or of Scotland by the name of James the eighth, or the style and title of king of Great Britain, and their adherents, and all other enemies who either by open or secret attempts, shall disturb or disquiet his Majesty in the possession and exercise thereof." Oath of trust and possession contained in 7 G. 2. Oath of trust c. 16. s. 2., to be taken by freeholders in shires in Scot- and possession. land before the election of preses and clerk, and also before the election of the members to serve in Parliament. "I, A. B. do, in the presence of God, declare and swear, that the lands and estate of for which I claim a right to vote in the election of a member to serve in Parliament for this county or stewartry, is actually in my pos |