The peers have no right to decide upon a disputed title; but any peer may enter a protest against any of the proceedings which he considers objectionable. Such protests must be admitted by the returning officer, and he must give out extracts of them to any of the peers, demanding them ; but lie takes no notice of these pro tests in the certificate of election.
2. Election of Commissioners for Shires.
The act 1681 provided, that the qualification of a free holder should be a foity-shilling land of old extent, or property rated at 400/. Scots of valued rent. As evi dence of the old extent, the act 16 Geo. II. c. 1 1. re quires a retour or extract from Chancery, prior to the 16th September 1681, proving the lands to be of the alleged value, either in one or in different sums, inde pendently of the feu-duty. When there is no retour for proving the old extent, it is necessary to show that the lands stand rated in the cess books at 400/. Scots of va lued rent. The valuation in the cess books is instructed by a certificate under the hands of two of the commis sioners of supply for the county, and of the clerk of supply.
The lands, in order to afford a qualification, must Le held of the king or prince; and the claimant must have been Melt, and his infeftment recorded, or his charter expede, a year before the enrolment; excepting the case of a husband claiming to vote on his w ife's titles, and that of an apparent heir in possession under the in feftments of his ancestors; in which cases, the requisite of infeftment is dispensed with. The claimant must be in possession of the lands, either naturally, by labouring the ground,—or civilly, by drawing the rents or feu-du ties, or even by taking steps for enforcing payment of them.
Minors and fatuous persons are disqualified from voting, as also aliens, and the eldest sons of peers. Judges of the Court of Session, Justiciary, or Exche quer, arc exempted, as are also the clergy. A person who already represents one county, cannot be chosen to represent another. All persons are disqualified from voting at elections, who are concerned in the manage ment of any duties or taxes (the Commissioners of the Treasury excepted), all commissioners of prizes, sick or wounded, transports, wine-licences, navy and victual ling-offices, secretaries or receivers of prizes, comptrol lers of the army accounts, agents for regiments, govern ors of plantations, and their deputies, officers of Mi norca and Gibraltar, officers of the excise arid customs, clerks and deputies in the several offices of the treasury, exchequer, navy, victualling, admiralty, pay of the army or navy, secretaries of state, salt, stamps, appeals, wnie licences, hackney-coaches, hawkers and pedlars, and every person who holds any new office under the crown, erected since 1705. All persons holding contracts with
government are incapable of being elected ; as are like mise all persons holding pensions Iron the crown ; and, even after being elected, any member who accepts of an office of profit under the crown, excepting commissions in the army and navy, must vacate his seat, although he may be re-elected.
A person claiming to be enrolled, must leave a copy of his claim with the sheriff-clerk, two calendar months before the Michaelmas head-court. The sheriff-clerk must indorse on the claim the date of receiving it, and give out copies of it, when required, for the same fee with an ordinary extract. The copy left with the she riff-clerk, however, need not be signed by the claimant ; even the principal claim need not be signed, nor is it ne cessary for the claimant to appear in person at the meet ing ; any of the other freeholders may appear for him; and the possession of his titles, which must be produced, will be equivalent to a mandate. An objection to a free holder's remaining on the toll, must also he left with the sheriff-clerk two calendar months before the meeting, and indorsed, &c. in the same manner as a claim for en rolment. A claim, or objection, must be supported by one freeholder at the meeting, otherwise the sheriff-clerk is under no obligation to bring it forward.
A meeting of freeholders is not entitled to review the proceedings of a former meeting ; but a claimant who has been rejected by a former meeting, may he admitted by a subsequent one, on presenting a new claim. When a meeting of freeholders has done wrong, by rejecting a claim, or by striking a person off the roll, a complaint lies to the Court of Session ; which must be brought within four calendar months from the date of the meeting, and is discussed in a summary manner. If no complaint is brought against a person's admission, within four ca lendar months after he has been added to the roll, or if it has been brought and dismissed by the court, he can not afterwards be struck off, without such a change of circumstances as will warrant the proceeding; as, for instance, a diminution of his qualification below the re quisite valuation.