[1741] 2 Elchies 352
Subject_1 MEMBER OF PARLIAMENT.
Date: Election of the District of Brechin
18 December 1741
Case No.No. 15.
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This was a complaint against the clerk of a presiding burgh (Brechin) for a wilful false return in favour of John Maul, whose chief defence was, that the election depended on the vote of Brechin, and though the Magistrates in possession voted for Udney, yet the other Magistrates who voted for Mr Maul were the true and lawful Magistrates, and so declared by a decree of this Court in a few days after the return in a process that depended long before the election. Several Lords thought, that though Mr Maul had the right of election, yet Udney had the right of return; yet they assoilzied the defender.
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