Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. II.
Claim to be enrolled.
Major Alexander Dundas v. Alexander Ferguson
Date: 20 July 1780 Case No. No 211.
A mandate necessary to authorise a claim for a person residing abroad to be enrolled at a meeting of freeholders. See No 218. p. 8842.
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A claim for enrolment was presented to the meeting of freeholders of the county of Ayr, at Michaelmas 1779, in the name of Major Dundas, who was then serving with his regiment in America, but who had given no mandate or commission authorising any person to appear in his behalf on that occasion. An objection founded on these circumstances was made by Mr Ferguson to this claim; upon which the meeting refused to enroll the Major. In a complaint to the Court, offered in his name, it was
Pleaded; The claim was lodged by those who had the custody of the Major's papers. This custody implied a sufficient mandate; January 10. 1694, King contra Seton of Barns, voce Process.
Answered; In all courts of law it is required, that an express mandate from such suitors or claimants as are out of the kingdom should be produced by those who act in their name; Bankton, b. 4. tit. 3. § 25. 26.; February 3. 1681, Stewart, No 17. p. 353. Nor does this requisite seem less necessary in a meeting of freeholders than in other courts.
‘The Lords found no claim properly entered entitling to be enrolled.’
Act. G. Fergusson.Alt. Alex. Wight.Clerk, Mackenzie
Fol. Dic. v. 3. p. 429. Fac. Col. No 120. p. 222.
