Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett,Lord Monoboddo .

Stirlingshire Election Process
v.

Date: 17 December 1754

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[Kaimes, No. 79 ; Fac. Col. No. 129.]

In this case the Lords found that a man, year and day infeft after the registration of his seasine, might be enrolled at a meeting for election, in terms of the 16th Act of his present Majesty, notwithstanding he was not year and day infeft, and his seasine registrated a year before the testing of the writ upon which that election was made, in terms of the Act of the 12th of the Queen. The President endeavoured to reconcile the two acts by saying that the Act of the 12th of the Queen only regarded the right of voting at an election, and the Act of the 16th of the King only the right of being enrolled; so that a man might be entitled to be enrolled without being entitled to vote at an election till year and day was passed before the teste of the writ; and therefore, as in this case, the complaint was that the freeholders had refused to enrol the claimant, the Lords found that they had done wrong.