Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. III.
Powers of the Court of Freeholders.
Robert Rankine of Golden v. Allan Ramsay of Kinkell
Date: 23 January 1767 Case No. No 225.
Freeholders cannot alter the order of the roll.
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At Michaelmas head-court for the shire of Kinross, in October 1766, the only freeholders present were, Mr Ramsay of Kinkell, and Mr Rankine of Golden; when Mr Ramsay, standing first on the roll, was, by his own casting vote, elected preses; and, alleging that Mr Rankine's name had, at a former meeting, been improperly placed in the roll before Colonel Irvine, Mr Ramsay proposed that the roll should be altered, and Colonel Irvine placed before Mr Rankine; and, Mr Rankine declining to vote, Mr Ramsay, as preses, ordered the clerk to make up a new roll, in which Colonel Irvine's name was placed before Mr Rankine; and this roll was signed by Mr Ramsay, as preses, and by the clerk, and engrossed in the minutes. Mr Rankine applied to the Court, by summary complaint, praying to be restored to his former place upon the roll.
In the answers given in for Mr Ramsay, it was objected, That the statute 16th of the late King did not authorise a summary complaint to the Court in such a case as the present; and, therefore, the summary complaint was incompetent.
Mr Rankine, to obviate that objection, brought an action of declarator, in which he called Mr Ramsay and Colonel Irvine, and concluded to have it found and declared, that he was entitled to hold the same place in the roll he formerly had; which action was taken up along with the complaint.
“The Lords ordered Mr Rankine to be restored to his former place on the roll.”
For Mr Rankine, Al. Wight.For Mr Ramsay, Dav. Græme.
Fol. Dic. v. 3. p. 430. Fac. Col. No 57. p. 97.
