William Elliot of Arkleton v. Mr James Fergusson of Craigdarroch, Advocate
Date: 15 January 1762 Case No. No 6.
A claim for inrollment lodged with the sheriff-clerk at four o'clock in the afternoon of the 6th of August, held sufficient, tho' the Michaelmas head-court convened upon the 6th of October, before two o'clock.
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At the Michaelmas meeting of the freeholders for the county of Dumfries, upon the 6th of October 1761, William Elliot of Arkleton claimed to be enrolled upon titles altogether unexceptionable. It was however objected by Mr Fergusson of Craigdarroch, a freeholder present, That, as the law requires a claim for enrollment to be lodged two calendar months at least before the Michaelmas meeting; so, by two calendar months were meant, two of those months whereof their names are found in the calendar. And that, of consequence, all claims for enrollment upon the 6th of October ought to have been lodged some time in July, that the months of August and September might be free.
To this it was answered: That by two calendar months, nothing could be meant but two months agreeable to the calendar, in opposition to two lunar months; that it was sufficient, if the space of two calendar months intervened, although the number of days were made up by including part of the days of these different months; and that the practice of all Scotland had explained the act of Parliament in that manner.
Mr Fergusson then objected: That, at any rate, there wanted two hours to complete two calendar months, in respect that the claim was only left with the sheriff-clerk at four o'clock in the afternoon of the 6th of August; whereas the meeting of freeholders convened upon the 6th of October betwixt mid-day and two afternoon.
To this it was answered: That, as the objection was at best extremely critical, so there was no real foundation for it, seeing that, in all cases of legal notice, it was only required, that either the day on which it was given, or the day to which it was given, should be free, but not both; and that, if either the 6th of August or the 6th of October were counted, the full amount of two calendar months would be found.
The freeholders, by a majority of votes, refused to inroll; but, upon a complaint to the Court of Session by Mr Elliot,
‘The Lords ordered the complainer to be added to the roll.’ See Member of Parliament.
Act. W. Nairn.Alt. Dav. Dalrymple.
Fol. Dic. v. 3. p. 181. Fac. Col. No 77. p. 171.
