Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. I.
Time of holding the Court. - Can Freeholders be compelled to meet. - Quorum. - Calling the roll, and choice of Preses and Clerk.
The Sheriffs having been irregular as to the time of holding Michaelmas head-courts, it was, by act 16th Geo. II. cap. 11. enacted, That every Sheriff should, at least 14 days before Michalmas, appoint a precise day for holding such court in the year 1753, causing the same to be intimated at all the parish-churches within the shire, upon a Sunday at least eight days preceding; and that the day so to be fixed, should be the anniversary for holding the Michaelmas head-court in that county, in all time to come.
M'Kay of Strathie, and Others, v. John Riddoch, and Others
1762. Case No. No 203.
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There is no number of freeholders required by law to make a quorum; and where a single freeholder had attended by himself, and gone through the business, the Lords dismissed the complaint of another freeholder, objecting to the legality of the court, in respect it was held by a single person. They also found, that the Sheriff clerk had incurred the statutory penalty, by refusing to call the roll made up at that court. See Appendix.
