Scottish Court of Session Decisions

Subject_1 MEMBER OF PARLIAMENT.

Case of Chalmers of Balnacraig, - Aberdeenshire

1745, July 28.
Case No. No. 41.

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Chalmers of Balnacraig produced a retour in certain lands in 1739, valuing them to L.3 old extent, and L.12 new, with two retours in lands of the same name, and retouring them to the same extent, one in 1563, and another in 1574; but then there was a retour in lands of the same name, and in the same family, in 1680, extending them to half a merk old extent, and two merks new extent. The question was, whether he had a title to vote? I doubted not that in 1563 and 1574 the family had a good vote; but then I could not suppose that the inquest 1680 retoured without any evidence at all restricting the old and new extent, though it does not now appear how that restriction came, whether by sale of part of the lands, or otherwise, whereas the inquest 1739 behoved to retour in terms of the old retours 1563 and 1574, if the retour 1680 was not laid before them. But the rest were unanimously of a different opinion, and repelled the objection. 28th July, Adhered.