Scottish Court of Session Decisions

Subject_1 Member Of Parliment

M'Kenzie of Highfield, and M'Leod of Cadboll,
v.
Sir John Gordon, &c

Date: 20 December 1753
Case No. No. 60.

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In Cromarty there has been no Michaelmas Head-Court since the act 16th Geo. II. in 1743, and there are but five freeholders on the roll, Sir John Gordon, his brother Charles, his brother-in-law Leonard Urquhart. his cousin Gordon of Ardoch, and M'Leod of Cadboll, who does not qualify. M'Kenzie of Highfield in due time lodged his claim for being admitted on the roll at last Michaelmas, and also lodged objections both in his own name and Cadboll's, against the other four on the roll. At the day Cadboll came not to the town, and the other four, though in the town, would not go to the place of meeting; and the Sheriff-clerk, though required by Highfield, neither could nor would constitute a meeting; and thereupon Highfield entered his complaint before us, which was served on 30 days in common form. And upon answers and a hearing in presence, we found the complaint not competent, and dismissed it. We thought it a very great abuse, but we agreed that it was not within the act 16th Geo. II., and therefore not competent in this form. 2do, Though it were Competent, most of us thought we could give no relief, that we could neither fine the freeholders for non-attendance, nor put the petitioner on the roll, nor expunge any of the other four, till the freeholders had first given their judgment. (See Dict. No. 202. p. 8830.)