ELECTION LAWS, in Scottish jurisprudence, are those regulations and enactments, which have been made with the view of preserving the purity of parlia mentary representation. We shall have occasion to en ter into a more general discussion of this subject in a future article ; at present we shall merely give a t.hort summary of the rules applicable to elections in Scotland.
Anciently the parliament of Scotland consisted of the clergy and barons ; which last title cumin eliended every man who held immediately of the king, how ever small his property. The obligation of attendance on parliament was felt as a burthen by the lesser ba rons in those times ; and certain exemptions were sanctioned by the act 1427, c. 101, and subsequently by that of 1587, c. 114. But, at a later period, the feelings of proprietors changed with the spirit of the times, and political rights came to be considered as a valuable privilege, rather than as an oppressive hard ship. Ilence it became necessary to fix, with more precision, the nature and extent of the elector's title. By the acts 1661, c. 35, and 1681, c. 21, it was pro vided, that an elector should have, in property or supe riority, a forty-shilling land of old extent, held of the king or prince ; or when the old extent did not ap pear, that the lands should be liable in public burthens for 4001. of valued rent. By the latter of these enact ments, a regular roll of the freeholders is directed to be made up, and annually revised at the Michaelmas head courts in the different counties. By the act 1689, c. 2, the clergy were finally deprived of the privilege of sit ting in parliament. By the union of the two king doms (1st of May 1707) the Scottish Parliament was absorbed in the Parliament of Great Britain; the Scot tish nobility, instead of their hereditary seats, were now to be represented by 16 of their number, and the pro portion of the representation in the House of Com mons, allotted to Scotlarid, was 45 members, 30 from the counties, and 15 from the royal boroughs. These representatives are chosen in the following manner.
1. Election of the Peers of Scotland.
The 16 peers of Scotland are chosen from among the members of the ancient Scottish Peerage, who are de clared to be the body of electors. When a new parlia ment is summoned, the peers of Scotland are called by proclamation 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 clay of election. The election is held in the palace of Holy roadhouse ; 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 called, those present marked, and the signed lists and proxies entered in the minutes. The peers present roust 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-depute 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 lie has formerly taken the oaths•in any of these ways ; or that he has taken the oaths in Parliament, 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 hut 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 Scottish tale alone, in tile p1 hence of wit nesses, who must likewise subscribe.
After the oaths have been administer( d to those pre sent, and the obis of the absent examined ; the votes then collected, the lists imestigated, and the. pct. r, 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 !louse 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 Chancery, in a packet addressed to the clerk to the crown, before the period fixed for the meeting of par liament.